NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR THE TRUST COMPANY, ET AL. V/S COMMONWEALTH OF AUSTRALIA CASE

Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23:

1. This is an application for the review of a decision made by the respondent, the NSW Trustee and Guardian, to sell the interests of a "protected person" in property jointly owned with the applicant, GVV. The decision was made by the respondent on 14 November 2024. There was an internal review of this decision pursuant to ss 53(3) and (6) of the Administrative Decisions Review Act 1997 (NSW) (ADR Act). By decision sent to the applicant on 15 January 2025, the internal reviewer affirmed the decision made by the respondent to sell the interests of the protected person in the property. The protected person is the applicant's brother.

2. The applicant has requested administrative review of this decision by the Tribunal pursuant to s 62 of the NSW Trustee and Guardian Act 2009 (NSW) (NSWTG Act). There is no dispute that the Tribunal has jurisdiction to review this decision by reason of s 30 of the Civil and Administrative Act 2013 (NSW) (NCAT Act) and ss 6, 7 and of the ADR Act. Nor is there dispute that the applicant, as the brother of the person under financial management who holds the subject property as a tenant in common in equal shares, is an affected person within the meaning of s 62(2) of the NSWTG Act.

3. The applicant disputes the decision to sell his brother's interest in the property, does not accept that it can be sold given he owns the other half of the property and will not consent to the sale and criticises the conduct of the respondent, which he alleges has been wrongful and incompetent and has given rise to the need to sell the property, which would have not been required if the respondent had properly managed his brother's financial affairs.

4. The applicant represented himself and the respondent was represented by Ms Stormont.

5. Prior to the hearing, procedural directions were made by the Tribunal for the parties to file all evidence in submissions relied on by 28 April 2025. The applicant applied for a stay which the Tribunal granted on 25 February 2025 pending further order of the Tribunal.

6. I have decided to affirm the decision under review. I also lift the stay order made on 25 February 2025. My reasons follow.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f09194402c3e064aca92b)

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