AL v Office of the Protective Commissioner [2007] NSWADT 176

AL v Office of the Protective Commissioner [2007] NSWADT 176

The Tribunal determined it is appropriate to allow continued use of the Kiama property as a family retreat for a fixed medium term, with a set timetable for sale, balancing the financial need to generate income for JL’s care against the qualitative benefits to JL’s welfare from access to the property, and taking into account the past acquiescence of the Commissioner in such use.

Parties
Applicant: AL; Respondent: Office of the Protective Commissioner
Jurisdiction
Australia
Judgment Date
03 August 2007
Procedural Posture
Review of Administrative Decision / Final Determination
Outcome
Decision under review set aside; substituted orders as to sale of Kiama property under conditions.
Legal Topics
Protected Estates Act, Protective Commissioner Powers, Estate Management, Financial Management Orders
Administrative Law Equity and Protective Jurisdiction Protected Estates Act Protective Commissioner Powers Estate Management Financial Management Orders

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Parties

AL

Applicant

Office of the Protective Commissioner

Respondent

Procedural Posture

Review of Administrative Decision / Final Determination

Legal Issues

  1. 1 Whether the Protective Commissioner should be permitted to lease or sell the Kiama property belonging to a protected estate
  2. 2 Balancing income generation for future care with protected person’s welfare and family use of estate assets
  3. 3 Appropriate exercise of powers under the Protected Estates Act 1983

Ratio Decidendi

The Tribunal determined it is appropriate to allow continued use of the Kiama property as a family retreat for a fixed medium term, with a set timetable for sale, balancing the financial need to generate income for JL’s care against the qualitative benefits to JL’s welfare from access to the property, and taking into account the past acquiescence of the Commissioner in such use.

Court Disposition

Decision under review set aside; substituted orders as to sale of Kiama property under conditions.

Orders

  • The decision under review be set aside.
  • In substitution, the following decision is made: (a) The Protective Commissioner may sell the Kiama property as from January 2009.