IS v Protective Commissioner & Ors [2005] NSWADTAP 8

IS v Protective Commissioner & Ors [2005] NSWADTAP 8

The Tribunal's findings that IS was not capable of managing his affairs and that revocation was not in his best interests were based on probative evidence and were not perverse or contrary to the overwhelming weight of evidence; no error of law was made, so the appeal fails and leave is not granted to appeal on the merits.

Parties
Appellant: IS; First Respondent: Protective Commissioner; Second Respondent: IT; Third Respondent: Guardianship Tribunal
Jurisdiction
Australia
Judgment Date
17 March 2005
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; Tribunal decision affirmed.
Legal Topics
Financial Management Order, Revocation, Appeal, Capacity Assessment
Guardianship Administrative Law Financial Management Order Revocation Appeal Capacity Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

IS

Appellant

Protective Commissioner

First Respondent

IT

Second Respondent

Guardianship Tribunal

Third Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal made an error of law in refusing revocation of a financial management order
  2. 2 Whether the appellant has capacity to manage financial affairs
  3. 3 Whether leave should be granted to appeal on merits

Ratio Decidendi

The Tribunal's findings that IS was not capable of managing his affairs and that revocation was not in his best interests were based on probative evidence and were not perverse or contrary to the overwhelming weight of evidence; no error of law was made, so the appeal fails and leave is not granted to appeal on the merits.

Court Disposition

Appeal dismissed; Tribunal decision affirmed.

Orders

  • The decision of the Guardianship Tribunal made on 13 October 2004 in relation to IS is affirmed.