WK v NSW Trustee and Guardian [2011] NSWADT 2

WK v NSW Trustee and Guardian [2011] NSWADT 2

The Tribunal lacked jurisdiction because s 62 of the NSW Trustee and Guardian Act 2009 applies to decisions concerning the estate of a managed person committed to the management of the NSW Trustee, and WK was not and had never been a managed person within the statutory meaning. After lawyers were involved and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 January 2011
Procedural Posture
Application for Review of Decisions of the NSW Trustee and Guardian / On the Papers; Jurisdiction and Costs Determination
Outcome
Application dismissed; applicant ordered to pay respondent's costs.
Legal Topics
['reviewable Decision' 'tribunal Jurisdiction' 'managed Person' 'nsw Trustee and Guardian Functions' 'costs Where Application Has No Tenable Basis in Law']
['administrative Law' 'trusts and Trustees' 'guardianship and Protected Estates' 'costs'] ['reviewable Decision' 'tribunal Jurisdiction' 'managed Person' 'nsw Trustee and Guardian Functions' 'costs Where Application Has No Tenable Basis in Law']

Source-derived case record

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Procedural Posture

Application for Review of Decisions of the NSW Trustee and Guardian / On the Papers; Jurisdiction and Costs Determination

Legal Issues

  1. 1 ["Whether the Administrative Decisions Tribunal had jurisdiction to review decisions made by the Public Trustee, now the NSW Trustee and Guardian, in managing WK's funds." 'Whether costs should be awarded against the applicant after the jurisdictional objection was raised.']

Ratio Decidendi

The Tribunal lacked jurisdiction because s 62 of the NSW Trustee and Guardian Act 2009 applies to decisions concerning the estate of a managed person committed to the management of the NSW Trustee, and WK was not and had never been a managed person within the statutory meaning. After lawyers were involved and the respondent gave notice of the jurisdictional objection, pursuing an application with no tenable legal basis made it fair to award costs.

Court Disposition

Application dismissed; applicant ordered to pay respondent's costs.

Orders

  • ["The applicant's application is dismissed." "The applicant is to pay the respondent's costs as agreed or if not agreed, as assessed in accordance with the Legal Profession Act 2004."]