Misrachi v Public Trustee [2017] NSWSC 1815

Misrachi v Public Trustee [2017] NSWSC 1815

The notice of motion was dismissed because the plaintiff failed to provide timely, admissible and probative evidence showing any basis for interfering with the Tribunal's guardianship orders, many complaints were old or unsupported, and the application in substance sought review of an interlocutory order where relevant material could and should have been raised earlier.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Appeal From Orders of the Guardianship Division of the New South Wales Civil and Administrative Tribunal Concerning Guardianship / Notice of Motion Seeking Stay of Tribunal Orders
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
['stay of Tribunal Orders' 'appeal on Question of Law' 'enduring Guardian' 'public Guardian' 'interlocutory Application']
['guardianship' 'administrative Law' 'equity Procedure'] ['stay of Tribunal Orders' 'appeal on Question of Law' 'enduring Guardian' 'public Guardian' 'interlocutory Application']

Case Brief

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Procedural Posture

Appeal From Orders of the Guardianship Division of the New South Wales Civil and Administrative Tribunal Concerning Guardianship / Notice of Motion Seeking Stay of Tribunal Orders

Legal Issues

  1. 1 ["Whether the Court should stay the Tribunal's orders revoking the plaintiff's appointment as enduring guardian and appointing the Public Guardian as guardian." "Whether the evidence and submissions provided a basis for interlocutory interference with the Tribunal's guardianship orders." "Whether the plaintiff's complaints and allegations were supported by admissible and probative evidence relevant to the stay application."]

Ratio Decidendi

The notice of motion was dismissed because the plaintiff failed to provide timely, admissible and probative evidence showing any basis for interfering with the Tribunal's guardianship orders, many complaints were old or unsupported, and the application in substance sought review of an interlocutory order where relevant material could and should have been raised earlier.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • ['The notice of motion filed in court today be dismissed.' 'No order as to costs.']