ANR v Public Guardian [2013] NSWADTAP 12

ANR v Public Guardian [2013] NSWADTAP 12

The appeal lodged out of time was not accepted because the delay of nearly four months was reasonably lengthy, the appellant gave only unparticularised reasons of ill health and inability to find a lawyer, the consequences of refusal were not particularly significant because a review hearing was listed before the Guardianship Tribunal, and the likelihood of success was very low because the asserted questions of law were not particularised.

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Appeal From a Guardianship Tribunal Decision / Determination Whether to Accept Appeal Lodged Out of Time
Outcome
Appeal lodged out of time is not accepted.
Legal Topics
['extension of Time' 'out of Time Appeal' 'guardianship Order' 'procedural Fairness']
['administrative Law' 'guardianship'] ['extension of Time' 'out of Time Appeal' 'guardianship Order' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal From a Guardianship Tribunal Decision / Determination Whether to Accept Appeal Lodged Out of Time

Legal Issues

  1. 1 ['Whether the Tribunal should extend time or accept an appeal lodged nearly four months out of time.' "Whether the appellant's stated reasons of ill health and inability to obtain legal representation justified the delay." 'Whether the consequences to the appellant, likelihood of success, and prejudice to other parties supported accepting the appeal out of time.']

Ratio Decidendi

The appeal lodged out of time was not accepted because the delay of nearly four months was reasonably lengthy, the appellant gave only unparticularised reasons of ill health and inability to find a lawyer, the consequences of refusal were not particularly significant because a review hearing was listed before the Guardianship Tribunal, and the likelihood of success was very low because the asserted questions of law were not particularised.

Court Disposition

Appeal lodged out of time is not accepted.

Orders

  • ['Appeal lodged out of time is not accepted.']