NU v Protective Commissioner (GD) [2005] NSWADTAP 42

NU v Protective Commissioner (GD) [2005] NSWADTAP 42

The Tribunal did not err in law in affirming the sale of NU's property; the decision was properly based on evidence and care plans given NU's deteriorating condition and the shortfall in her income. Leave to extend the appeal to the merits was denied as no material legal error or significant fresh evidence was present to warrant it.

Parties
Appellant: NU; Respondent: Protective Commissioner
Jurisdiction
Australia
Judgment Date
26 August 2005
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
appeal dismissed
Legal Topics
Protected Persons, Sale of Property, Internal Review, Appeals on Question of Law
Guardianship Protective Jurisdiction Protected Persons Sale of Property Internal Review Appeals on Question of Law

Case Brief

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Parties

NU

Appellant

Protective Commissioner

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in law in affirming the decision to sell the protected person's property
  2. 2 Whether the Tribunal failed to adequately consider relevant evidence and care plans
  3. 3 Whether fresh evidence warranted reconsideration of the original decision

Ratio Decidendi

The Tribunal did not err in law in affirming the sale of NU's property; the decision was properly based on evidence and care plans given NU's deteriorating condition and the shortfall in her income. Leave to extend the appeal to the merits was denied as no material legal error or significant fresh evidence was present to warrant it.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed