FX v NSW Trustee and Guardian (External) [2011] NSWADTAP 5

FX v NSW Trustee and Guardian (External) [2011] NSWADTAP 5

FX's appeal was lodged out of time, and the Tribunal should not exercise its discretion to extend time, as FX failed to identify any grounds of appeal over which the Tribunal has jurisdiction; the appeal is misconceived or futile.

Jurisdiction
Australia
Judgment Date
01 March 2011
Procedural Posture
Interlocutory Application / Application for Extension of Time to Appeal
Outcome
Extension of time to lodge appeal refused.
Legal Topics
['leave to Appeal Out of Time' 'financial Management Orders' 'extension of Time']
['guardianship' 'administrative Law'] ['leave to Appeal Out of Time' 'financial Management Orders' 'extension of Time']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ["Was FX's appeal lodged out of time?" 'Should the Tribunal exercise its discretion to extend time for FX to lodge his appeal?']

Ratio Decidendi

FX's appeal was lodged out of time, and the Tribunal should not exercise its discretion to extend time, as FX failed to identify any grounds of appeal over which the Tribunal has jurisdiction; the appeal is misconceived or futile.

Court Disposition

Extension of time to lodge appeal refused.

Orders

  • ["FX's appeal was lodged out of time and extension of time to lodge the appeal is refused."]