RM v University of Newcastle [2006] NSWADT 46

RM v University of Newcastle [2006] NSWADT 46

The applicant's psychological condition does not render him totally or partially incapable of representing himself. He has represented himself cogently, has relevant and controlled evidence, understands the factual issues, and no complex legal issues arise at present. The discretionary power to appoint a representative is not appropriately exercised in this case.

Jurisdiction
Australia
Judgment Date
13 February 2006
Procedural Posture
Preliminary/interlocutory Application / Interlocutory
Outcome
Application dismissed
Legal Topics
['appointment of Representative' 'incapacitated Person' 'tribunal Discretion']
['administrative Law'] ['appointment of Representative' 'incapacitated Person' 'tribunal Discretion']

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Procedural Posture

Preliminary/interlocutory Application / Interlocutory

Legal Issues

  1. 1 ['Whether the applicant should be appointed a representative under s.71(4) Administrative Decisions Tribunal Act 1997' 'Whether applicant is totally or partially incapable of representing himself']

Ratio Decidendi

The applicant's psychological condition does not render him totally or partially incapable of representing himself. He has represented himself cogently, has relevant and controlled evidence, understands the factual issues, and no complex legal issues arise at present. The discretionary power to appoint a representative is not appropriately exercised in this case.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed.']