AMC and ALQ v NSW Trustee and Guardian and AOD (No. 2) [2012] NSWADT 279

AMC and ALQ v NSW Trustee and Guardian and AOD (No. 2) [2012] NSWADT 279

The NSW Trustee and Guardian had varied its original decision by engaging Mr Romano as principal agent while retaining Mr Movsessian in a secondary role. Given AMC's financial interest in selling the Randwick property to discharge the mortgage on her Ryde home, the offer close to $1.6 million, and Mr Movsessian's existing connection with potential purchasers after marketing the property, it was not appropriate to override the Trustee's judgment. The application was dismissed and the varied decision affirmed.

Jurisdiction
Australia
Judgment Date
11 December 2012
Procedural Posture
Application for Review of NSW Trustee and Guardian Decision Concerning Appointment of Sales Agent for Protected Estate Property / Final Decision
Outcome
Application for review dismissed; decision as varied affirmed.
Legal Topics
["review of Trustee's Decision" 'appointment of Real Estate Agent' "sale of Protected Person's Property" 'best Interests of Protected Person']
['administrative Law' 'protected Estates'] ["review of Trustee's Decision" 'appointment of Real Estate Agent' "sale of Protected Person's Property" 'best Interests of Protected Person']

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Procedural Posture

Application for Review of NSW Trustee and Guardian Decision Concerning Appointment of Sales Agent for Protected Estate Property / Final Decision

Legal Issues

  1. 1 ["Whether the Tribunal should interfere with the NSW Trustee and Guardian's decision, as varied, to retain Mr Movsessian of Century 21 in a secondary role while engaging Mr Romano of Spot Realty as principal agent for sale of the Randwick property." 'Whether the varied agency arrangements were in the best interests of AMC as the protected person.']

Ratio Decidendi

The NSW Trustee and Guardian had varied its original decision by engaging Mr Romano as principal agent while retaining Mr Movsessian in a secondary role. Given AMC's financial interest in selling the Randwick property to discharge the mortgage on her Ryde home, the offer close to $1.6 million, and Mr Movsessian's existing connection with potential purchasers after marketing the property, it was not appropriate to override the Trustee's judgment. The application was dismissed and the varied decision affirmed.

Court Disposition

Application for review dismissed; decision as varied affirmed.

Orders

  • ['Application for review dismissed.' 'Decision as varied affirmed.']