Davies v Protective Commissioner [2008] NSWADT 35

CITATION: Davies v Protective Commissioner [2008] NSWADT 35

DIVISION: General Division

APPLICANT Samuel Davies PARTIES: RESPONDENT Protective Commissioner

FILE NUMBER: 073234

HEARING DATES: 8 November 2007

SUBMISSIONS CLOSED: 8 November 2007

DATE OF DECISION: 21 January 2008

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Protected Estates Act - Protective Commissioner - powers as to property

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Protected Estates Act 1983

CASES CITED: Chief Commissioner of State Revenue v Aldridge & Anor [2003] NSWADTAP 50 McNally v Commissioner of State Revenue [2003] NSWSC 1118

APPLICANT In person REPRESENTATION: RESPONDENT T Tunbridge, solicitor

ORDERS: The decision to pay the applicant an ex gratia amount of $1,686.00 is affirmed.

"Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division,

(b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.