DNS [2016] NSWCATGD 6

DNS [2016] NSWCATGD 6

The Tribunal refused Mr SMC's joinder application because, although he had genuine concern for Mrs DNS, his sole issue had been fully put in writing, he did not wish to participate in the hearing, joinder would give no practical advantage, and joinder risked exacerbating family discord contrary to the just, quick and cheap resolution of the real issues and Mrs DNS's interests. The Tribunal renewed and varied the guardianship order because Mrs DNS continued to have dementia-related disabilities preventing her from making important life decisions, there was a continuing need for decisions about accommodation, health care and medical and dental consent, and there was no practical alternative...

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Guardianship Review and Joinder Application / Statutory End of Term Review of Guardianship Order
Outcome
Guardianship order renewed and varied; Public Guardian and Mrs KBS appointed as separate guardians for 12 months; Mr SMC's application to be joined as a party refused.
Legal Topics
['end of Term Review of Guardianship Order' 'joinder of Party' 'subject Person Absent From Hearing' 'accommodation Decisions' 'health Care Decisions' 'consent to Medical and Dental Treatment' 'access Function' 'privacy and Relevance of Video Evidence']
['guardianship' 'administrative Law' 'civil Procedure'] ['end of Term Review of Guardianship Order' 'joinder of Party' 'subject Person Absent From Hearing' 'accommodation Decisions' 'health Care Decisions' 'consent to Medical and Dental Treatment' 'access Function' 'privacy and Relevance of Video Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Guardianship Review and Joinder Application / Statutory End of Term Review of Guardianship Order

Legal Issues

  1. 1 ['Whether Mr SMC should be joined as a party to the proceedings.' 'Whether Mrs DNS continued to have a disability preventing her from making important life decisions.' 'Whether a further guardianship order should be made.' 'What functions, guardians and duration should be ordered if a further guardianship order was made.' 'Whether an access function should be added to the guardianship order.' "Whether the Tribunal should continue the hearing in Mrs DNS's absence." 'Whether video material provided by Mr SMC should be admitted or provided to the parties.']

Ratio Decidendi

The Tribunal refused Mr SMC's joinder application because, although he had genuine concern for Mrs DNS, his sole issue had been fully put in writing, he did not wish to participate in the hearing, joinder would give no practical advantage, and joinder risked exacerbating family discord contrary to the just, quick and cheap resolution of the real issues and Mrs DNS's interests. The Tribunal renewed and varied the guardianship order because Mrs DNS continued to have dementia-related disabilities preventing her from making important life decisions, there was a continuing need for decisions about accommodation, health care and medical and dental consent, and there was no practical alternative...

Court Disposition

Guardianship order renewed and varied; Public Guardian and Mrs KBS appointed as separate guardians for 12 months; Mr SMC's application to be joined as a party refused.

Orders

  • ['The guardianship order made for Mrs DNS on 5 February 2015 was renewed and varied as a further limited continuing order.' 'The Public Guardian was appointed as guardian for Mrs DNS with the decision-making function of accommodation.' 'Mrs KBS was appointed as guardian for Mrs DNS with the decision-making functions...