BB v LB & Ors [2017] NSWSC 1079

BB v LB & Ors [2017] NSWSC 1079

The statutory stay was lifted because, on the material before the Court, the appeal disclosed no arguable basis for success, there was no obvious error of fact or law in the Tribunal's Decision, BB's allegations about inappropriate medical treatment were unsupported by evidence, the stay created a lacuna in Mrs N's guardianship arrangements, and Mrs N's welfare and interests were best served by continuing the guardianship regime that had been in place for two years and was extended by the Tribunal.

Jurisdiction
Australia
Judgment Date
15 August 2017
Procedural Posture
Appeal to the Supreme Court Against NSW Civil and Administrative Tribunal Guardianship Orders / Interlocutory Ruling on Statutory Stay, Notice of Motion and Directions
Outcome
Stay lifted; BB's notice of motion dismissed; directions made.
Legal Topics
['appeal From Civil and Administrative Tribunal' 'statutory Stay Pending Appeal' 'guardianship Order' 'protective List Directions' 'fresh Evidence on Appeal']
['administrative Law' 'guardianship' 'civil Procedure' 'protective Jurisdiction'] ['appeal From Civil and Administrative Tribunal' 'statutory Stay Pending Appeal' 'guardianship Order' 'protective List Directions' 'fresh Evidence on Appeal']

Case Brief

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Procedural Posture

Appeal to the Supreme Court Against NSW Civil and Administrative Tribunal Guardianship Orders / Interlocutory Ruling on Statutory Stay, Notice of Motion and Directions

Legal Issues

  1. 1 ["Whether the statutory stay of the Tribunal's 14 June 2017 guardianship orders should be lifted pending determination of the appeal." "Whether BB's notice of motion seeking further time and medical examinations should be granted." 'Whether the welfare and interests of Mrs N were best served by continuing the guardianship regime extended by the Tribunal.' "Whether BB's appeal materials disclosed an arguable basis for success."]

Ratio Decidendi

The statutory stay was lifted because, on the material before the Court, the appeal disclosed no arguable basis for success, there was no obvious error of fact or law in the Tribunal's Decision, BB's allegations about inappropriate medical treatment were unsupported by evidence, the stay created a lacuna in Mrs N's guardianship arrangements, and Mrs N's welfare and interests were best served by continuing the guardianship regime that had been in place for two years and was extended by the Tribunal.

Court Disposition

Stay lifted; BB's notice of motion dismissed; directions made.

Orders

  • ['The parties and other persons referred to in the judgment be anonymised and the proceedings be referred to for publication as "BB v LB & Ors".' 'Until further order the Court lifts the stay of the orders of the NSW Civil and Administrative Tribunal made on 14 June 2017 in matter number 2016/4469, which stay is...