FPA v NSW Trustee and Guardian [2023] NSWCATAP 257

FPA v NSW Trustee and Guardian [2023] NSWCATAP 257

The Appeal Panel refused leave and dismissed the appeal because the Appellant did not establish any question of law or basis for leave. The allegations of bias, corruption and evidence tampering were unsupported; the complaints about consideration of documents and weight of evidence did not raise a question of law and did not justify leave; the Tribunal did consider the protected person's stated wish that the farm not be sold; and the Tribunal considered the Deed and did not fall into appealable error concerning the protected person's financial position.

Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Internal Appeal From Administrative Review Decision Concerning Sale of Protected Person's Home / Appeal Panel; Leave to Appeal Refused and Appeal Dismissed
Outcome
Leave to appeal refused; appeal dismissed; stay order lifted.
Legal Topics
['protective Division' "sale of Protected Person's Family Home" 'best Interests of Protected Person' 'leave to Appeal' 'question of Law' 'alleged Bias' 'weight of Evidence' "protected Person's Views" 'deed Concerning Occupation and Sale of Property']
['administrative Law' 'guardianship and Financial Management' 'tribunal Appeals'] ['protective Division' "sale of Protected Person's Family Home" 'best Interests of Protected Person' 'leave to Appeal' 'question of Law' 'alleged Bias' 'weight of Evidence' "protected Person's Views" 'deed Concerning Occupation and Sale of Property']

Case Brief

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Procedural Posture

Internal Appeal From Administrative Review Decision Concerning Sale of Protected Person's Home / Appeal Panel; Leave to Appeal Refused and Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Tribunal failed to take into consideration all of the Appellant's documents." 'Whether the Tribunal was biased or corrupt, or disregarded, whitewashed and concealed relevant facts.' 'Whether the decision was against the weight of evidence because the protected person had ample funds for ongoing care.' "Whether the Tribunal failed to take into consideration the protected person's view that she did not want the farm sold." 'Whether delay in making the reserved decision allowed the Tribunal to tamper with evidence.' 'Whether the Tribunal failed properly to take into consideration the Deed between the protected person, her deceased spouse and the Appellant.']

Ratio Decidendi

The Appeal Panel refused leave and dismissed the appeal because the Appellant did not establish any question of law or basis for leave. The allegations of bias, corruption and evidence tampering were unsupported; the complaints about consideration of documents and weight of evidence did not raise a question of law and did not justify leave; the Tribunal did consider the protected person's stated wish that the farm not be sold; and the Tribunal considered the Deed and did not fall into appealable error concerning the protected person's financial position.

Court Disposition

Leave to appeal refused; appeal dismissed; stay order lifted.

Orders

  • ['Leave to appeal is refused.' 'Appeal dismissed.' "The stay order continued by the Appeal Panel on 14 July 2023 in relation to the sale of the protected person's home is lifted."]