The Court held that the revocation of a co-administrator's appointment as guardian under the Guardianship and Management of Property Act 1991 (ACT) did not automatically negate the basis for their appointment as administrator under s 12(1)(e) of the Administration and Probate Act 1929 (ACT), as the eligibility assessment under s 12 is entirely discretionary and fact-dependent. The Court further held that findings of conflict of interest made by ACAT in removing the respondent as guardian did not, on the facts, demonstrate a want of honesty or incapacity sufficient to warrant removal as administrator under s 32(2)(c)(ii). Rather than removing the co-administrator, the Court imposed a conditional regime requiring the co-administrators to file agreed orders for completion of the administration, failing which both would be replaced by the Public Trustee and Guardian.
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