EY v Guardianship Tribunal of NSW [2013] NSWCA 349

EY v Guardianship Tribunal of NSW [2013] NSWCA 349

Leave to appeal was refused because the applicant did not demonstrate that any alleged factual error showed that the Guardianship Tribunal conducted its fact-finding process in a way so unorthodox as to be likely to produce an unfair result, and there were no prospects of success if leave to appeal from Lindsay J's decision were granted.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Decision Refusing Leave to Appeal From Guardianship Tribunal Orders
Outcome
The application for leave to appeal is dismissed with costs.
Legal Topics
['leave to Appeal' 'guardianship Orders' 'fact Finding by Tribunal' 'protected Person' 'questions of Fact and Questions of Law']
['guardianship Law' 'administrative Law' 'appeals'] ['leave to Appeal' 'guardianship Orders' 'fact Finding by Tribunal' 'protected Person' 'questions of Fact and Questions of Law']

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

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Decision Refusing Leave to Appeal From Guardianship Tribunal Orders

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from Lindsay J's refusal of leave to appeal from the Guardianship Tribunal's orders on questions other than law." 'Whether the Guardianship Tribunal approached its fact-finding process in a way so unorthodox as to be likely to produce an unfair result.' "Whether the alleged factual errors concerning care, medical evidence, family evidence, the protected person's views and appointment of the Public Guardian justified leave to appeal."]

Ratio Decidendi

Leave to appeal was refused because the applicant did not demonstrate that any alleged factual error showed that the Guardianship Tribunal conducted its fact-finding process in a way so unorthodox as to be likely to produce an unfair result, and there were no prospects of success if leave to appeal from Lindsay J's decision were granted.

Court Disposition

The application for leave to appeal is dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']