BD v Protective Commissioner & ors [2007] NSWADTAP 73

BD v Protective Commissioner & ors [2007] NSWADTAP 73

No question of law was identified; the Tribunal's findings on capacity and the validity of the enduring power of attorney were supported by evidence and decided in an orthodox, fair manner. No grounds exist to grant leave to appeal beyond questions of law.

Parties
Appellant: BD; First Respondent: Protective Commissioner; Second Respondent: BJ; Third Respondent: BL; Fourth Respondent: BS; Fifth Respondent: BT; Sixth Respondent: BK; Decision Maker: Guardianship Tribunal
Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Appeal / Determination of Leave to Appeal and Review of Previous Tribunal Decisions
Outcome
Appeal dismissed; leave to appeal on merits refused; Tribunal's decisions affirmed.
Legal Topics
Financial Management Order, Review of Enduring Power of Attorney, Capacity, Procedural Fairness
Guardianship Elder Law Financial Management Order Review of Enduring Power of Attorney Capacity Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

BD

Appellant

Protective Commissioner

First Respondent

BJ

Second Respondent

BL

Third Respondent

BS

Fourth Respondent

BT

Fifth Respondent

BK

Sixth Respondent

Guardianship Tribunal

Decision Maker

Procedural Posture

Appeal / Determination of Leave to Appeal and Review of Previous Tribunal Decisions

Legal Issues

  1. 1 Whether Guardianship Tribunal erred in dismissing application for financial management order
  2. 2 Whether Tribunal erred in not reviewing enduring power of attorney
  3. 3 Whether procedural fairness was denied in Tribunal proceedings

Ratio Decidendi

No question of law was identified; the Tribunal's findings on capacity and the validity of the enduring power of attorney were supported by evidence and decided in an orthodox, fair manner. No grounds exist to grant leave to appeal beyond questions of law.

Court Disposition

Appeal dismissed; leave to appeal on merits refused; Tribunal's decisions affirmed.

Orders

  • Leave to appeal on grounds other than a question of law is refused.
  • The Guardianship Tribunal's decision dismissing the application for a financial management order is affirmed.