CD v Protective Commissioner and ors [2008] NSWADT 33

CD v Protective Commissioner and ors [2008] NSWADT 33

The decision to sell the Toongabbie property was not supported by evidence that it was un-rentable or required substantial investment to lease, and retention of Toongabbie (for rental) and sale of Winston Hills property (to cover debts) is preferable and accords with CA's best interests, given Toongabbie's potential rental income and lack of evidence CA would be distressed by disposition of either property.

Parties
Applicant: CD; First Respondent: Protective Commissioner; Second Respondent: ED; Second Respondent: EE
Jurisdiction
Australia
Judgment Date
21 January 2008
Procedural Posture
Application for Review of Administrative Decision / Final Determination by Administrative Decisions Tribunal
Outcome
Reviewed decision set aside and substituted
Legal Topics
Powers of Protective Commissioner, Sale of Property in Protected Estates, Financial Management Orders, Interests of Persons Under Guardianship
Administrative Law Guardianship Law Property Law Powers of Protective Commissioner Sale of Property in Protected Estates Financial Management Orders Interests of Persons Under Guardianship

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Parties

CD

Applicant

Protective Commissioner

First Respondent

ED

Second Respondent

EE

Second Respondent

Procedural Posture

Application for Review of Administrative Decision / Final Determination by Administrative Decisions Tribunal

Legal Issues

  1. 1 Whether the Protective Commissioner's decision to sell the Toongabbie property and discontinue the sale of the Winston Hills property was the correct and preferable decision under s 63 of the Administrative Decisions Tribunal Act 1997

Ratio Decidendi

The decision to sell the Toongabbie property was not supported by evidence that it was un-rentable or required substantial investment to lease, and retention of Toongabbie (for rental) and sale of Winston Hills property (to cover debts) is preferable and accords with CA's best interests, given Toongabbie's potential rental income and lack of evidence CA would be distressed by disposition of either property.

Court Disposition

Reviewed decision set aside and substituted

Orders

  • The decision of the Protective Commissioner that the sale of the Winston Hills property be discontinued and that the Toongabbie property be sold instead of leased is set aside.
  • The Winston Hills property is to be sold.