NSW Caselaw
Appeal Panel - External
CITATION: OT v OU [2010] NSWADTAP 9
APPELLANT OT in 098006 OY in 098008 PARTIES: RESPONDENT OU, The Public Guardian, OY OU, The Public Guardian, OT
FILE NUMBER: 098006, 098008
HEARING DATES: 12 February 2010
SUBMISSIONS CLOSED: 12 February 2010
DATE OF DECISION: 24 February 2010
BEFORE: Hennessy N - Magistrate (Deputy President); Higgins S - Judicial Member; Field B - Non-Judicial Member
CATCHWORDS: Guardianship and financial management orders – review – leave to review merits – Guardianship Act 1987, ss 4, 14
DECISION UNDER APPEAL: C/41350
FILE NUMBER UNDER APPEAL: 2009/948, 2009/949
LEGISLATION CITED : Guardianship Act 1987 (NSW)
IF v IG & Ors [2004] NSWADTAP 3 KA v Public Guardian [2004] NSWADTAP 25 CASES CITED: KV v Protective Commissioner & Ors; KW & Ors v KV & Ors (No 2) [2004] NSWADTAP 48 K v K [2000] NSWSC 1052 S v S [2001] NSWSC 146 and Re R [2000] NSWSC 886 (17 August 2000)
APPELLANT D Roberts, barrister REPRESENTATION: RESPONDENT S Sirtes, barrister
1. Leave is refused for the appeal to extend to the merits of either of the Guardianship Tribunal's decisions in relation to OY ORDERS: 2. The decision of the Guardianship Tribunal that OY be placed under guardianship and that her guardian be the Public Guardian is affirmed 3. The decision of the Guardianship Tribunal that the estate of OY be subject to management under the Protected Estates Act 1983 (as it then was) and that management of the estate be committed to the Protective Commissioner (now the NSW Trustee) is affirmed.
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