NSW Caselaw
CITATION: WB v Protective Commissioner [2006] NSWADT 292
DIVISION: General Division
APPLICANT PARTIES: WB RESPONDENT Protective Commissioner
FILE NUMBER: 063107
HEARING DATES: 21/06/2006 and 27/06/2006
SUBMISSIONS CLOSED: 09/21/2006
DATE OF DECISION: 10/05/2006
BEFORE: Britton A - Judicial Member
CATCHWORDS: Protected Estates Act - Protective Commissioner - powers as to property - Protective Commissioner - powers as to property
MATTER FOR DECISION: Principal matter
Administrative Decisions Legislation Amendment Act 1997 LEGISLATION CITED : Guardianship Act 1987 Protected Estates Act 1983
GG v Minister for Community Services [2002] NSWCA 247 CASES CITED: KY, KX and KW v Protective Commissioner [2006] NSWADT 197 McDonald v Guardianship Administration Board [1993] 1 VR 521 Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor; Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257
APPLICANT In person REPRESENTATION: RESPONDENT C Phang, legal officer
ORDERS: Pursuant to s 63(3)(d) of the Administrative Decisions Tribunal Act 1997 the decision not to sell the property the subject of this application is remitted for reconsideration by the Protective Commissioner in accordance with the following recommendations:; i. That the Protective Commissioner conduct further research into the anticipated values of properties located in south west Sydney, over the next five years; ii. In the event that that evidence reveals that property values will probably decline or not increase in line with expected movements in inflation, then the decision to sell the property should be revisited having regard to the expected medium term return on cash investments; iii. That in the event the decision is made not to sell the property the subject of this review, that an annual review be conducted having regard to among other things, estimated short and medium term interest rates, rental returns and, trends within the Sydney property market
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