Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (2), where a person within 2 months before being declared
under section 64(1) to be a person in need of an administrator of his
estate has entered into a disposition of any property (including a gift) or
taken on lease, mortgaged, charged, or purchased any property, or agreed to do
so, the State Administrative Tribunal may, on the application of the
administrator of that person’s estate and on notice to such persons as
the Tribunal may direct, set aside the transaction and make such consequential
orders as it thinks fit for the purpose of adjusting the position or rights of
the parties and other persons.
(2) The State
Administrative Tribunal shall not set aside any transaction under this section
where —
(a) the
application is not brought within the period of 2 years commencing on the
day of the completion of the transaction or, in the case of a lease taken, is
not brought before the expiration of the lease; or
(b) the
Tribunal is satisfied, in the case of a transaction that is not a gift,
that —
(i)
the other party acted in good faith and without notice of
any incapacity to which the represented person was then subject; and
(ii)
the consideration for the disposition was adequate or, in
the case of a purchase, not excessive or, in the case of a lease taken, the
rent is not excessive.
(3) For the purposes
of an application under this section, the represented person shall be deemed
to have been a person who was in need of an administrator of his estate, at
the time when he entered into the transaction or agreed to do so, until the
contrary is shown.
[Section 82 amended by No. 55 of 2004
s. 444.]