EE v Protective Commissioner and ors (GD) [2008] NSWADTAP 35

EE v Protective Commissioner and ors (GD) [2008] NSWADTAP 35

The appeal should be allowed to the merits and the Appeal Panel should consider the previously omitted evidence. Given Ms X's financial interests and the state of the Toongabbie property, the preferable decision is to sell the Toongabbie property and discontinue the sale of the Winston Hills property.

Jurisdiction
Australia
Judgment Date
12 February 2000
Procedural Posture
Appeal / Decision on Appeal From Tribunal Decision
Outcome
Appeal allowed. Tribunal decision set aside and substituted with sale of the Toongabbie property and discontinuance of sale of the Winston Hills property.
Legal Topics
['appeal—merits Review' 'sale of Property of Protected Person']
['administrative Law' 'guardianship'] ['appeal—merits Review' 'sale of Property of Protected Person']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal From Tribunal Decision

Legal Issues

  1. 1 ['Whether appeal should be extended to a review of the merits' 'Whether critical evidence was omitted at first instance' "Which property should be sold to discharge debts and provide for Ms X's welfare"]

Ratio Decidendi

The appeal should be allowed to the merits and the Appeal Panel should consider the previously omitted evidence. Given Ms X's financial interests and the state of the Toongabbie property, the preferable decision is to sell the Toongabbie property and discontinue the sale of the Winston Hills property.

Court Disposition

Appeal allowed. Tribunal decision set aside and substituted with sale of the Toongabbie property and discontinuance of sale of the Winston Hills property.

Orders

  • ["Leave is granted for the appeal to extend to the merits of the Tribunal's decision." "The Tribunal's decision of 21 January 2008 is set aside." 'A decision is made to sell the property at Toongabbie and discontinue the sale of the property at Winston Hills.']