GDO v NSW Trustee and Guardian [2024] NSWCATAP 260

GDO v NSW Trustee and Guardian [2024] NSWCATAP 260

No question of law was raised and no ground was established for leave to appeal; the appeal lacked utility as the sale contract for the property had been completed; the reviewable decision did not deal with the application of sale proceeds, rendering the main ground irrelevant; the appeal was dismissed and leave to appeal refused.

Parties
Appellant: GDO; First Respondent: NSW Trustee and Guardian; Second Respondent: GKV; Third Respondent: GKZ
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Appeal / Decision on Appeal and Leave to Appeal
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
Appeals, Administrative Review, Financial Management Orders, Non Publication Orders
Administrative Law Appeals Administrative Review Financial Management Orders Non Publication Orders

Case Brief

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Parties

GDO

Appellant

NSW Trustee and Guardian

First Respondent

GKV

Second Respondent

GKZ

Third Respondent

Procedural Posture

Appeal / Decision on Appeal and Leave to Appeal

Legal Issues

  1. 1 Whether any question of law is raised justifying the grant of leave to appeal
  2. 2 Whether there are grounds for leave to appeal against the decision affirming the sale of property by NSW Trustee and Guardian
  3. 3 Whether the appeal has utility in the circumstances

Ratio Decidendi

No question of law was raised and no ground was established for leave to appeal; the appeal lacked utility as the sale contract for the property had been completed; the reviewable decision did not deal with the application of sale proceeds, rendering the main ground irrelevant; the appeal was dismissed and leave to appeal refused.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • The appeal is dismissed.
  • Leave to appeal is refused.