MGV [2017] NSWCATGD 40

MGV [2017] NSWCATGD 40

The Tribunal had no jurisdiction to make a guardianship order because Mr MGV was no longer physically present in NSW, was no longer a resident of NSW, no longer appeared to own property in NSW, and intended to reside indefinitely in Queensland; his historic connection with NSW was too remote to rebut the presumption against extraterritorial operation of the Guardianship Act 1987 (NSW), and applying the presumption would not defeat the purpose of that Act.

Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Application for a Guardianship Order / Hearing and Determination of Jurisdiction
Outcome
The application was dismissed because the Tribunal has no jurisdiction.
Legal Topics
['jurisdiction of the Guardianship Division' 'extraterritorial Operation of the Guardianship Act 1987 (nsw)' 'guardianship Order Where Subject Person Resides in Queensland' 'presumption Against Extraterritorial Operation']
['guardianship' 'administrative Law'] ['jurisdiction of the Guardianship Division' 'extraterritorial Operation of the Guardianship Act 1987 (nsw)' 'guardianship Order Where Subject Person Resides in Queensland' 'presumption Against Extraterritorial Operation']

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Procedural Posture

Application for a Guardianship Order / Hearing and Determination of Jurisdiction

Legal Issues

  1. 1 ['Whether the Tribunal has power to make a guardianship order where the subject person no longer resides in NSW and is resident in Queensland at the time of the hearing.' "Whether the presumption against extraterritorial operation of the Guardianship Act 1987 (NSW) is rebutted by Mr MGV's connection with NSW."]

Ratio Decidendi

The Tribunal had no jurisdiction to make a guardianship order because Mr MGV was no longer physically present in NSW, was no longer a resident of NSW, no longer appeared to own property in NSW, and intended to reside indefinitely in Queensland; his historic connection with NSW was too remote to rebut the presumption against extraterritorial operation of the Guardianship Act 1987 (NSW), and applying the presumption would not defeat the purpose of that Act.

Court Disposition

The application was dismissed because the Tribunal has no jurisdiction.

Orders

  • ['The application is dismissed because the Tribunal has no jurisdiction.']