F v NSW Trustee and Guardian [2017] NSWSC 1319

F v NSW Trustee and Guardian [2017] NSWSC 1319

Leave to appeal under clause 14(1)(b) was refused because there was no question of principle or irregularity in the Tribunal's decisions; the plaintiff's grounds did not satisfy statutory requirements for leave, and the Tribunal had correctly and sufficiently addressed the criteria for guardianship and financial management.

Jurisdiction
Australia
Judgment Date
26 September 2017
Procedural Posture
Appeal From Guardianship Division of NSW Civil and Administrative Tribunal / Application for Leave to Appeal; Determination
Outcome
Leave to appeal refused; summons dismissed; no order as to costs.
Legal Topics
['appeals From Guardianship Division' 'leave to Appeal' 'guardianship Orders' 'financial Management Orders']
['equity' 'mental Health'] ['appeals From Guardianship Division' 'leave to Appeal' 'guardianship Orders' 'financial Management Orders']

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Procedural Posture

Appeal From Guardianship Division of NSW Civil and Administrative Tribunal / Application for Leave to Appeal; Determination

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under Civil and Administrative Tribunal Act 2013 NSW, Sch 6, cl 14(1)(b) on grounds other than a question of law' "Whether the Tribunal's guardianship and financial management orders were made in error or involved irregularity"]

Ratio Decidendi

Leave to appeal under clause 14(1)(b) was refused because there was no question of principle or irregularity in the Tribunal's decisions; the plaintiff's grounds did not satisfy statutory requirements for leave, and the Tribunal had correctly and sufficiently addressed the criteria for guardianship and financial management.

Court Disposition

Leave to appeal refused; summons dismissed; no order as to costs.

Orders

  • ['Leave to appeal refused under Civil and Administrative Tribunal Act 2013 NSW, Sch 6, cl 14(1)(b).' "Plaintiff's amended summons dismissed." 'No order as to costs.' 'Exhibit P11 released to solicitor for second defendant for copying and return; other exhibits to remain with Court pending further order.']