CM and ors v Protective Commissioner [2007] NSWADT 287

CM and ors v Protective Commissioner [2007] NSWADT 287

The only way to ensure CX's estate is managed for his continued maintenance, given his financial shortfall and inability to generate sufficient income from rent, is to sell the Granville property; thus, the Protective Commissioner's decision to sell, by public auction, is correct and preferable.

Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Review of Administrative Decision / Final Decision
Outcome
Decision of Protective Commissioner affirmed
Legal Topics
['protected Estates Act' 'powers of Protective Commissioner' 'property Management of Protected Persons']
['administrative Law' 'guardianship Law'] ['protected Estates Act' 'powers of Protective Commissioner' 'property Management of Protected Persons']

Case Brief

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Procedural Posture

Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 ["Whether the Protective Commissioner's decision to sell the protected person's property is correct and preferable under the relevant law"]

Ratio Decidendi

The only way to ensure CX's estate is managed for his continued maintenance, given his financial shortfall and inability to generate sufficient income from rent, is to sell the Granville property; thus, the Protective Commissioner's decision to sell, by public auction, is correct and preferable.

Court Disposition

Decision of Protective Commissioner affirmed

Orders

  • ["The decision of the Protective Commissioner to sell the Granville property by public auction, so that all members of the client's family can compete for the property if they so desire, is affirmed."]