RW v Protective Commissioner [2005] NSWADT 209

RW v Protective Commissioner [2005] NSWADT 209

Section 24 of the Protected Estates Act 1983 gives the Protective Commissioner power to sell the property of a protected person located outside New South Wales. The Tribunal has jurisdiction to review such a decision as the Act shows a contrary intention to limiting powers territorially, supported by the broad definition of 'estate' and the relevant legislation.

Jurisdiction
Australia
Judgment Date
09 September 2005
Procedural Posture
Application for Review of Administrative Decision / Preliminary Matter
Outcome
Tribunal has jurisdiction to review the decision to sell RW's mother's property in New Zealand.
Legal Topics
['protected Estates Act' 'tribunal Jurisdiction' 'management of Estates' 'extraterritorial Application']
['administrative Law' 'elder Law'] ['protected Estates Act' 'tribunal Jurisdiction' 'management of Estates' 'extraterritorial Application']

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Procedural Posture

Application for Review of Administrative Decision / Preliminary Matter

Legal Issues

  1. 1 ["Does the Administrative Decisions Tribunal have jurisdiction to review the Protective Commissioner's decision to sell property located outside New South Wales?" 'Do the powers conferred under the Protected Estates Act 1983 extend to property outside New South Wales?']

Ratio Decidendi

Section 24 of the Protected Estates Act 1983 gives the Protective Commissioner power to sell the property of a protected person located outside New South Wales. The Tribunal has jurisdiction to review such a decision as the Act shows a contrary intention to limiting powers territorially, supported by the broad definition of 'estate' and the relevant legislation.

Court Disposition

Tribunal has jurisdiction to review the decision to sell RW's mother's property in New Zealand.

Orders

  • ["The Tribunal has jurisdiction to review the decision of the Protective Commissioner to sell RW's mother's property in New Zealand." 'Application for stay listed for hearing on 20 September 2005 at 2p.m.']