QC v Guardianship Tribunal [2009] NSWADTAP 76

Appeal Panel - External

CITATION: QC v Guardianship Tribunal [2009] NSWADTAP 76

APPELLANT QC

FIRST RESPONDENT Guardianship Tribunal PARTIES: SECOND RESPONDENT QD

THIRD RESPONDENT QE

FILE NUMBER: 098013

HEARING DATES: 16 December 2009

SUBMISSIONS CLOSED: 16 December 2009

EXTEMPORE DECISION DATE: 16 December 2009 BEFORE: O'Connor K - DCJ (President); Leal S - Judicial Member; Wunsch A - Non-Judical Member

CATCHWORDS: Procedural Fairness – Misunderstanding by Tribunal of interested person's attitude to appointment of independent financial manager for protected person

DECISION UNDER APPEAL: 2009/3690; 2009/1985

FILE NUMBER UNDER APPEAL: C/41692

DATE OF DECISION UNDER APPEAL: 06/26/2009

LEGISLATION CITED : Protected Estates Act 1983

APPELLANT D Allen of counsel / Proctor and Associates

FIRST RESPONDENT No appearance

SECOND RESPONDENT REPRESENTATION: No appearance

THIRD RESPONDENT No appearance

COUNSEL ASSISTING A Johnson, solicitor Crown Solicitor's Office

1. The appeal is allowed. ORDERS: 2. Appellant's application for leave to extend to the merits is not granted. 3. The matter is remitted to the Guardianship Tribunal for it to reconsider its order dated 26 June 2009. We recommend that the further hearing of the original application in February 2010 and direct that it be not be later than 31 March 2010.