Re F [2013] NSWSC 54

Re F [2013] NSWSC 54

The plaintiff failed to establish any error of law or fact in the Tribunal’s decision appointing the Public Guardian for F; there was no procedural unfairness; all statutory requirements were followed; and there were no grounds to grant leave to appeal or set aside the orders. Scandalous and unsupported allegations in affidavit were struck out.

Jurisdiction
Australia
Judgment Date
31 January 2013
Procedural Posture
Summons to Set Aside Tribunal Guardianship Orders / Final Decision of Supreme Court at First Instance
Outcome
Summons dismissed without costs
Legal Topics
['guardianship Orders' 'leave to Appeal' 'procedural Fairness' 'joinder of Parties' 'protective Jurisdiction' 'appointment of Guardian' 'pro Bono Referral']
['equity' 'guardianship' 'civil Procedure'] ['guardianship Orders' 'leave to Appeal' 'procedural Fairness' 'joinder of Parties' 'protective Jurisdiction' 'appointment of Guardian' 'pro Bono Referral']

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Procedural Posture

Summons to Set Aside Tribunal Guardianship Orders / Final Decision of Supreme Court at First Instance

Legal Issues

  1. 1 ['Whether Supreme Court should set aside orders of the Guardianship Tribunal appointing Public Guardian for F' 'Whether leave to appeal on a question of fact should be granted' 'Whether procedural fairness was accorded before the Tribunal' "Whether F's wishes and those of her carer were properly considered under s 14 Guardianship Act 1987" 'Whether Tribunal should have appointed plaintiff as guardian in preference to Public Guardian under s 15']

Ratio Decidendi

The plaintiff failed to establish any error of law or fact in the Tribunal’s decision appointing the Public Guardian for F; there was no procedural unfairness; all statutory requirements were followed; and there were no grounds to grant leave to appeal or set aside the orders. Scandalous and unsupported allegations in affidavit were struck out.

Court Disposition

Summons dismissed without costs

Orders

  • ['Summons dismissed without costs' 'Order that paragraphs 5, 6, 7, 8 and last two lines of paragraph 9 of the plaintiff’s affidavit be struck out']