FKS v Public Guardian [2024] NSWCATAP 27

FKS v Public Guardian [2024] NSWCATAP 27

The Appellant had no reasonable explanation for the delay in lodging the Notice of Appeal, and his proposed grounds had very poor prospects of success. Accordingly, time for lodging the Notice of Appeal was not extended, and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
22 February 2024
Procedural Posture
Guardianship/administrative Review Appeal / Appeal Panel Decision
Outcome
Application to extend time refused; appeal dismissed.
Legal Topics
['extension of Time for Appeal' 'best Interests of Person Under Guardianship' 'leave to Appeal' 'assessment of Capacity']
['administrative Law' 'guardianship'] ['extension of Time for Appeal' 'best Interests of Person Under Guardianship' 'leave to Appeal' 'assessment of Capacity']

Case Brief

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Procedural Posture

Guardianship/administrative Review Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Should time be extended for lodging the Notice of Appeal?' 'Are there sufficient prospects of success to permit the appeal to proceed?' 'Did the Tribunal err in its assessment of video/audio evidence?' "Was proper weight given to the individual's capacity and best interests?"]

Ratio Decidendi

The Appellant had no reasonable explanation for the delay in lodging the Notice of Appeal, and his proposed grounds had very poor prospects of success. Accordingly, time for lodging the Notice of Appeal was not extended, and the appeal was dismissed.

Court Disposition

Application to extend time refused; appeal dismissed.

Orders

  • ['Application to extend time for lodging the Notice of Appeal is refused.' 'Appeal dismissed.']