Davies v Protective Commissioner [2008] NSWADT 35

Davies v Protective Commissioner [2008] NSWADT 35

The evidence supported the Protective Commissioner's assumption that Mrs Davies changed her principal place of residence from Balmain to Marulan in December 1996. After moving out of Balmain she did not intend to move back permanently, and the move to Marulan was not intended to be temporary even though it was relatively short-lived. Marulan was therefore her principal place of residence for the relevant land tax exemption period, and the Protective Commissioner was not liable to pay any further amount for failing to advise her about land tax implications because the Public Guardian had authority to determine where she should live and there was no breach of section 50 of the Protected...

Jurisdiction
Australia
Judgment Date
21 January 2008
Procedural Posture
Review of a Decision of the Protective Commissioner Under the Protected Estates Act 1983 / Principal Matter
Outcome
The decision of the Protective Commissioner was affirmed.
Legal Topics
['reviewable Decision of Protective Commissioner' 'ex Gratia Payment' 'principal Place of Residence Exemption' 'financial Management of Protected Estate']
['administrative Law' 'protected Estates' 'land Tax'] ['reviewable Decision of Protective Commissioner' 'ex Gratia Payment' 'principal Place of Residence Exemption' 'financial Management of Protected Estate']

Case Brief

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Procedural Posture

Review of a Decision of the Protective Commissioner Under the Protected Estates Act 1983 / Principal Matter

Legal Issues

  1. 1 ["Whether the Protective Commissioner's decision to pay the applicant an ex gratia amount was the correct and preferable decision." "Whether Mrs Davies' principal place of residence for the relevant land tax years was the Balmain property or the Marulan property." 'Whether the Protective Commissioner was liable to pay any further amount because it did not advise Mrs Davies of the land tax implications of changing her principal place of residence.']

Ratio Decidendi

The evidence supported the Protective Commissioner's assumption that Mrs Davies changed her principal place of residence from Balmain to Marulan in December 1996. After moving out of Balmain she did not intend to move back permanently, and the move to Marulan was not intended to be temporary even though it was relatively short-lived. Marulan was therefore her principal place of residence for the relevant land tax exemption period, and the Protective Commissioner was not liable to pay any further amount for failing to advise her about land tax implications because the Public Guardian had authority to determine where she should live and there was no breach of section 50 of the Protected...

Court Disposition

The decision of the Protective Commissioner was affirmed.

Orders

  • ['The decision to pay the applicant an ex gratia amount of $1,686.00 is affirmed.']