RJ v Public Guardian & ors [2005] NSWADTAP 70

Appeal Panel - External

CITATION: RJ v Public Guardian & ors [2005] NSWADTAP 70

APPLICANT RJ FIRST RESPONDENT Public Guardian PARTIES: SECOND RESPONDENT Protective Commissioner THIRD RESPONDENT RK DECISION MAKER Guardianship Tribunal FILE NUMBER: 058013 HEARING DATES: 11/11/05 SUBMISSIONS CLOSED: 11/11/2005 DATE OF DECISION: 12/05/2005

2005/1324, 2005/1325 DECISION UNDER APPEAL: BEFORE: Hennessy N - Magistrate (Deputy President); Millar J - Judicial Member; Whaite A - Non Judicial Member CATCHWORDS: Financial management order - making - Guardianship order - making - Nature of evidence - Opportunity to be heard - Procedural fairness MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: C/30907 DATE OF DECISION UNDER APPEAL: 05/30/2005 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 149 Hopkins v Smethwick Board of Health (1890) 24 QBD 712 CASES CITED: K v K [2000] NSWSC 1052 Kioa v West (1985) 159 CLR 550 Re R [2000] NSWSC 886 (17 August 2000).S v S [2001] NSWSC 146 APPELLANT I Todd, counsel REPRESENTATION: THIRD RESPONDENT In person DECISION MAKER E Cho, solicitor ORDERS: 1. The guardianship order in relation to RJ made by the Guardianship Tribunal on 16 June 2005 is affirmed; 2. The financial management order in relation to RJ made by the Guardianship Tribunal on 16 June 2005 is affirmed; 3. Leave to extend the appeal to the merits of the decision is refused.