PUBLIC TRUSTEE and BG - [2010] WASAT 195

PUBLIC TRUSTEE and BG [2010] WASAT 195

Last Update: 02/09/2011

PUBLIC TRUSTEE and BG [2010] WASAT 195
Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2010] WASAT 195
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:3355/2010	Heard:	10 AND 14 DECEMBER 2010 DECISION DELIVERED ORALLY 14 DECEMBER 2010
Coram:	JUSTICE J A CHANEY (PRESIDENT), MR J MANSVELD (MEMBER)	Delivered:	30/08/2011
No of Pages:	10	Judgment Part:	1 of 1
Result:	Orders made to protect and preserve property
Category:	A
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	PUBLIC TRUSTEE BG
Catchwords:	Guardianship and administration Order to preserve property of represented person Jurisdiction to make order
Legislation:	Guardianship and Administration Act 1990 (WA), s 4(2)(a), s 70(2), s 71, s 71(5), s 72, s 72(1), s 72(2), s 113, Sch 2 Pt B State Administrative Tribunal Act 2004 (WA), s 35, s 90
Case References:	Re The Full Board of the Guardianship and Administration Board [2003] WASCA 268
Summary:	The Tribunal appointed the Public Trustee in the place of administrators previously appointed in respect of the estate of the represented person. After undertaking some initial enquiries, it appeared to the Public Trustee that the previous administrators had improperly expended funds belonging to the represented person on various motor vehicles which had subsequently been damaged or given into the possession of third parties. The Public Trustee then sought orders to assist him in locating and preserving the property of the represented person. The Tribunal considered what jurisdiction it had to make the orders sought. It concluded that the power to make the orders sought by the Public Trustee existed under s 72(1) and Sch 2 Pt B of the Guardianship and Administration Act 1990 (WA).

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL

STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : PUBLIC TRUSTEE and BG [2010] WASAT 195 MEMBER : JUSTICE J A CHANEY (PRESIDENT)

MR J MANSVELD (MEMBER)

HEARD : 10 AND 14 DECEMBER 2010

DECISION DELIVERED ORALLY 14 DECEMBER 2010

DELIVERED : 30 AUGUST 2011 FILE NO/S : GAA 3355 of 2010 BETWEEN : PUBLIC TRUSTEE

Applicant

AND

Respondent

Catchwords:

Guardianship and administration - Order to preserve property of represented person - Jurisdiction to make order

Legislation:

Guardianship and Administration Act 1990 (WA), s 4(2)(a), s 70(2), s 71, s 71(5), s 72, s 72(1), s 72(2), s 113, Sch 2 Pt B
State Administrative Tribunal Act 2004 (WA), s 35, s 90

(Page 2)

Result:

Orders made to protect and preserve property

Category: A

Representation:

Counsel:

Applicant : Mr M Bowyer

Respondent : Unrepresented

Solicitors:

Applicant : Self-represented

Respondent : N/A

Case(s) referred to in decision(s):

Re The Full Board of the Guardianship and Administration Board [2003] WASCA 268

(Page 3)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1 The Tribunal appointed the Public Trustee in the place of administrators previously appointed in respect of the estate of the represented person. After undertaking some initial enquiries, it appeared to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading PUBLIC TRUSTEE and BG

Details

AGLC: PUBLIC TRUSTEE and BG [2010] WASAT 195
Case: [2010] WASAT 195
Decision Date: 30 AUGUST 2011

CaseChat Overview and Summary

The case before the court involved the Public Trustee and a represented person, BG. The dispute centred around the Public Trustee's application for an order to preserve and protect the property of the represented person. The matter was heard in the Supreme Court of Queensland.

The primary legal issue for the court was whether it had the jurisdiction to make an order to preserve and protect the property of a represented person, specifically whether such an order could be made under the Guardianship and Administration Act 2000. The court also needed to determine whether there was a sufficient basis to justify the making of such an order in this case.

In resolving these issues, the court examined the relevant statutory provisions and case law. It found that the court does have the power to make such an order under the Act, particularly when there is evidence of potential wastage or dissipation of assets. The court held that it was satisfied that there were reasonable grounds to believe that BG's property was at risk, and therefore, it was appropriate to make the order to protect and preserve the property. The court noted the importance of such orders in safeguarding the interests of represented persons, especially in cases where there is a risk of financial harm.

The court made orders to protect and preserve the property of BG, ensuring that the assets are maintained until the matter is further resolved. This decision underscores the court's role in protecting the interests of those who cannot manage their own affairs, affirming the importance of guardianship and administration laws in safeguarding vulnerable individuals.

Orders

Orders of the court

Orders made to protect and preserve property

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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