JF v Public Guardian & anor [2007] NSWADTAP 5
JF did not establish any question of law or demonstrate unorthodox or unfair procedure by the Guardianship Tribunal. Mere disagreement is not enough to grant leave to appeal on other grounds.
- Parties
- Appellant: JF; First Respondent: Public Guardian; Second Respondent: Guardianship Tribunal
- Jurisdiction
- Australia
- Judgment Date
- 17 January 2007
- Procedural Posture
- External Appeal / Permission to Appeal Out of Time and on Grounds Other Than Question of Law
- Outcome
- Appeal dismissed
- Legal Topics
- Guardianship Order, Leave to Appeal, Leave to Appeal Out of Time
Case Brief
Summary, issues, holding and outcome
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Parties
JF
Appellant
Public Guardian
First Respondent
Guardianship Tribunal
Second Respondent
Procedural Posture
External Appeal / Permission to Appeal Out of Time and on Grounds Other Than Question of Law
Legal Issues
- 1 Whether the appeal should be accepted out of time
- 2 Whether leave should be granted to appeal on grounds other than a question of law
Ratio Decidendi
JF did not establish any question of law or demonstrate unorthodox or unfair procedure by the Guardianship Tribunal. Mere disagreement is not enough to grant leave to appeal on other grounds.
Court Disposition
Appeal dismissed
Orders
- Leave for the appeal to proceed on grounds other than a question of law is refused
- Appeal dismissed
Full Case Text
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