KY, KX and KW v Protective Commissioner [2006] NSWADT 197

CITATION: KY, KX and KW v Protective Commissioner [2006] NSWADT 197

DIVISION: General Division

APPLICANTS PARTIES: KY, KX and KW RESPONDENT Protective Commissioner

FILE NUMBER: 063145

HEARING DATES: 14/06/2006

SUBMISSIONS CLOSED: 06/14/2006

DATE OF DECISION: 06/30/2006

BEFORE: Rees N - Judicial Member

CATCHWORDS: Protected Estates Act - Protective Commissioner - decision to enter costs agreement with solicitors - Protective Commissioner - decision to enter costs agreement with solicitors

MATTER FOR DECISION: Principal matter

Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Guardianship Act 1987 Powers of Attorney Act 2003 Protected Estates Act 1983 Protected Estates Regulation 2003

Alphapharm Pty Ltd v Smithkline Beecham (Aust) Pty Ltd (1994) 32 ALD 71 In Re McHattan and Collector of Customs (NSW) (1977) 1 ALD 67 CASES CITED: KV v Protective Commissioner (No 2) [2004] NSWADTAP 48 Protective Commissioner v D (2004) 60 NSWLR 513 Re Control Investments Pty Ltd and Australian Broadcasting Tribunal (No 1) (1980) 3 ALD 74

APPLICANTS KY and KW in person REPRESENTATION: RESPONDENT C Phang, solicitor

ORDERS: 1. The decision of the Protective Commissioner made on 25 January 2006 to execute a costs agreement with Crichton-Brownes, Solicitors, concerning payment of reasonable legal expenses in relation to an application to the Supreme Court pursuant to s 35 of the Protected Estates Act 1983 on behalf of KZ is set aside.; 2. The matter is remitted to the Protective Commissioner to be dealt with in accordance with these reasons.