NU v Protective Commissioner [2008] NSWADTAP 64

NU v Protective Commissioner [2008] NSWADTAP 64

NU was unable to identify any grounds of appeal against the Tribunal's decision or reasons for an interlocutory order, and the grievances raised were unrelated to the decision; therefore, the appeal and interlocutory application were misconceived and should be dismissed.

Parties
Applicant: NU; Respondent: Protective Commissioner
Jurisdiction
Australia
Judgment Date
09 October 2008
Procedural Posture
Appeal / Summary Dismissal Hearing Before Appeal Panel
Outcome
Appeal and interlocutory order dismissed
Legal Topics
Appeal Procedure, Dismissal of Proceedings, Protected Estates, Interlocutory Order
Administrative Law Guardianship Law Appeal Procedure Dismissal of Proceedings Protected Estates Interlocutory Order

Case Brief

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Parties

NU

Applicant

Protective Commissioner

Respondent

Procedural Posture

Appeal / Summary Dismissal Hearing Before Appeal Panel

Legal Issues

  1. 1 Whether the grounds of appeal identified a question of law arising from the Tribunal's decision
  2. 2 Whether the application for an interlocutory order was properly founded

Ratio Decidendi

NU was unable to identify any grounds of appeal against the Tribunal's decision or reasons for an interlocutory order, and the grievances raised were unrelated to the decision; therefore, the appeal and interlocutory application were misconceived and should be dismissed.

Court Disposition

Appeal and interlocutory order dismissed

Orders

  • The appeal is dismissed.
  • The application for urgent interlocutory order is dismissed.