TP v Public Trustee and Guardian [2010] NSWADTAP 65

TP v Public Trustee and Guardian [2010] NSWADTAP 65

The Appeal Panel found that the Guardianship Tribunal did take TR's views into consideration, despite inconsistency in those views, and did not breach procedural fairness requirements. The Appeal Panel refused leave to appeal on the merits, finding no unorthodox or unfair process and upholding the Guardianship Tribunal's orders.

Jurisdiction
Australia
Judgment Date
01 October 2010
Procedural Posture
External Appeal / Appeal Panel Decision
Outcome
appeal dismissed, leave refused on merits, Tribunal orders affirmed
Legal Topics
['procedural Fairness' 'views of Subject Person' 'appointment and Revocation of Enduring Guardian' 'capacity Assessments']
['guardianship' 'administrative Law'] ['procedural Fairness' 'views of Subject Person' 'appointment and Revocation of Enduring Guardian' 'capacity Assessments']

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Procedural Posture

External Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Guardianship Tribunal failed to take TR's views into consideration" 'Whether TP was afforded procedural fairness and a reasonable opportunity to present his case or respond to medical evidence' 'Whether the Appeal Panel should grant leave to appeal on the merits regarding factual determinations about family conflict and medical evidence']

Ratio Decidendi

The Appeal Panel found that the Guardianship Tribunal did take TR's views into consideration, despite inconsistency in those views, and did not breach procedural fairness requirements. The Appeal Panel refused leave to appeal on the merits, finding no unorthodox or unfair process and upholding the Guardianship Tribunal's orders.

Court Disposition

appeal dismissed, leave refused on merits, Tribunal orders affirmed

Orders

  • ['Leave is refused for the appeal to be made on grounds other than a question of law' "The Guardianship Tribunal's orders made on 11 March 2010 are affirmed"]