GJ and Ors v Protective Commissioner [2005] NSWADT 66
The Protective Commissioner is not strictly limited by the amount of past gratuitous care allowed in a damages award or settlement; the statutory and inherent jurisdictions allow payment up to the reasonable market value of services rendered, provided the estate is sufficient and the protected person's future needs are safeguarded.
- Parties
- Applicant: GJ and Ors; Respondent: Protective Commissioner
- Jurisdiction
- Australia
- Judgment Date
- 29 March 2005
- Procedural Posture
- Application for Review / Preliminary Question Ruling
- Outcome
- preliminary question answered in favour of applicants
- Legal Topics
- Protected Estates Act, Gratuitous Care Payments, Statutory and Inherent Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
GJ and Ors
Applicant
Protective Commissioner
Respondent
Procedural Posture
Application for Review / Preliminary Question Ruling
Legal Issues
- 1 Whether it is lawful for the Protective Commissioner to make a payment pursuant to s 28(1)(b) of the Protected Estates Act for past gratuitous care which exceeds the amount of that component of the damages award
Ratio Decidendi
The Protective Commissioner is not strictly limited by the amount of past gratuitous care allowed in a damages award or settlement; the statutory and inherent jurisdictions allow payment up to the reasonable market value of services rendered, provided the estate is sufficient and the protected person's future needs are safeguarded.
Court Disposition
preliminary question answered in favour of applicants
Orders
- The Question is answered 'yes'.
- Directions to be made for the final hearing of the application.
Full Case Text
Judgment text and source record
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