KE v Protective Commissioner (No 2) [2005] NSWADT 51

KE v Protective Commissioner (No 2) [2005] NSWADT 51

The Tribunal's jurisdiction in respect of the earlier application had been exhausted because the original application did not extend to the revised decision, as no formal remission under s 65 had occurred. A new application for review would be required for the revised decision.

Jurisdiction
Australia
Judgment Date
10 September 2004
Procedural Posture
Review Application / Final Decision
Outcome
Application for review dismissed in relation to 6 Porter Avenue. Decision to sell 1 Miller Street affirmed.
Legal Topics
['review of Administrative Decision' 'powers of Protective Commissioner' 'protected Estates']
['administrative Law' 'guardianship Law'] ['review of Administrative Decision' 'powers of Protective Commissioner' 'protected Estates']

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Procedural Posture

Review Application / Final Decision

Legal Issues

  1. 1 ["Whether the Tribunal retains jurisdiction to review the Protective Commissioner's revised decision after the original decision was reconsidered without formal remission under s 65 of the Administrative Decisions Tribunal Act 1997" 'Whether a new application for review is required for the revised decision']

Ratio Decidendi

The Tribunal's jurisdiction in respect of the earlier application had been exhausted because the original application did not extend to the revised decision, as no formal remission under s 65 had occurred. A new application for review would be required for the revised decision.

Court Disposition

Application for review dismissed in relation to 6 Porter Avenue. Decision to sell 1 Miller Street affirmed.

Orders

  • ['Decision to sell 1 Miller Street affirmed' "Application for review dismissed following Commissioner's withdrawal of decision to sell 6 Porter Avenue"]