JZ v Office of the Protective Commissioner [2009] NSWADT 54

JZ v Office of the Protective Commissioner [2009] NSWADT 54

Although there had been unexplained delay in commencing the sale process and JZ and JA were not kept informed of key developments, the decision to sell for $255,000 was correct and preferable because an independent valuation assessed market value at $250,000, the agent's earlier estimate was broadly consistent, the property had been marketed for about two months, there was no evidence or suggestion that the marketing campaign was deficient, rejecting the offer might have produced a lower rather than higher price, and the estate continued to bear mortgage-related costs until settlement.

Jurisdiction
Australia
Judgment Date
13 March 2009
Procedural Posture
Application to the Administrative Decisions Tribunal for Review of the Protective Commissioner's Decision to Sell the Applicant's Apartment / On the Papers; Decision After Submissions Closed
Outcome
The decision of the Protective Commissioner to sell JZ's apartment is affirmed.
Legal Topics
['protective Commissioner Powers as to Property' "management of Protected Person's Estate" "sale of Protected Person's Apartment" 'correct and Preferable Decision']
['administrative Law' 'protective Estates' 'property Management'] ['protective Commissioner Powers as to Property' "management of Protected Person's Estate" "sale of Protected Person's Apartment" 'correct and Preferable Decision']

Case Brief

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Procedural Posture

Application to the Administrative Decisions Tribunal for Review of the Protective Commissioner's Decision to Sell the Applicant's Apartment / On the Papers; Decision After Submissions Closed

Legal Issues

  1. 1 ["Whether the Protective Commissioner's decision to sell JZ's apartment for $255,000 was the correct and preferable decision." 'Whether the Protective Commissioner took reasonable steps to obtain the best possible price for the property.' 'Whether delay and failure to keep JZ and JA informed affected the reviewable decision.']

Ratio Decidendi

Although there had been unexplained delay in commencing the sale process and JZ and JA were not kept informed of key developments, the decision to sell for $255,000 was correct and preferable because an independent valuation assessed market value at $250,000, the agent's earlier estimate was broadly consistent, the property had been marketed for about two months, there was no evidence or suggestion that the marketing campaign was deficient, rejecting the offer might have produced a lower rather than higher price, and the estate continued to bear mortgage-related costs until settlement.

Court Disposition

The decision of the Protective Commissioner to sell JZ's apartment is affirmed.

Orders

  • ["The decision of the Protective Commissioner to sell JZ's apartment is affirmed."]