JX v Protective Commissioner [2004] NSWADT 20

JX v Protective Commissioner [2004] NSWADT 20

The Tribunal does not have jurisdiction to review or stay the actions of the Protective Commissioner in settling the District Court litigation, as those actions do not constitute a 'reviewable decision' within the meaning of the Administrative Decisions Tribunal Act 1997. The determinative decision was that of the District Court judge, not the Protective Commissioner.

Parties
Applicant: JX; Respondent: Protective Commissioner
Jurisdiction
Australia
Judgment Date
30 January 2004
Procedural Posture
Administrative Review / Preliminary Jurisdictional Determination
Outcome
Tribunal lacks jurisdiction to review or stay the Protective Commissioner's actions under challenge.
Legal Topics
Jurisdiction of Tribunal, Reviewable Decisions Under Administrative Decisions Tribunal Act, Protected Estates Act, Settlement Approval for Protected Persons, Tutor's Role in Litigation
Administrative Law Civil Procedure Estates and Guardianship Law Jurisdiction of Tribunal Reviewable Decisions Under Administrative Decisions Tribunal Act Protected Estates Act Settlement Approval for Protected Persons Tutor's Role in Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

JX

Applicant

Protective Commissioner

Respondent

Procedural Posture

Administrative Review / Preliminary Jurisdictional Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review or stay the Protective Commissioner's actions in settling District Court litigation
  2. 2 Whether actions taken by the Protective Commissioner constitute a 'reviewable decision' under the Administrative Decisions Tribunal Act 1997

Ratio Decidendi

The Tribunal does not have jurisdiction to review or stay the actions of the Protective Commissioner in settling the District Court litigation, as those actions do not constitute a 'reviewable decision' within the meaning of the Administrative Decisions Tribunal Act 1997. The determinative decision was that of the District Court judge, not the Protective Commissioner.

Court Disposition

Tribunal lacks jurisdiction to review or stay the Protective Commissioner's actions under challenge.

Orders

  • The Tribunal does not have jurisdiction to review or stay the actions of the Protective Commissioner under challenge.