New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 49

49 Appeals to Supreme Court against management orders

(cf PE Act, s 21)

(1) An appeal may be made to the Supreme Court by a person who is subject to an order made by the MHRT that the estate of the person be subject to management under this Act.

(2) An appeal--

(a) is to be by way of a new hearing, and

(b) fresh evidence or evidence in addition to, or in substitution for, the evidence in relation to which the order in respect of which the appeal is made may be given on the appeal.

(3) If the person to whom the order relates has appealed to the Civil and Administrative Tribunal under this Division against the order, the person may not appeal to the Supreme Court under this section against the same order. However, the person may appeal to the Court under this section if the appeal is withdrawn with the approval of the Civil and Administrative Tribunal for the purpose of enabling the Court to deal with the matter.

(4) On an appeal, the Supreme Court may revoke or confirm the order in respect of which the appeal is made.

(5) Neither the MHRT nor any member of the MHRT is liable for any costs relating to an order of the MHRT in respect of which an appeal is made or the appeal.