DYH v Public Guardian [2020] NSWCATAD 252

DYH v Public Guardian [2020] NSWCATAD 252

The real issue was whether, and if so how and when, DYH and EIV should have access to DYH's mother. The proceeding as constituted sought review of a refusal of access on Mother's Day 2020, but that date had passed, so even success on the review would not grant access or resolve the real issue. The later requests concerned different decisions that had not yet been made and could not be addressed by amendment. The proceedings were therefore misconceived and lacking in substance and should be dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Jurisdiction
Australia
Judgment Date
19 October 2020
Procedural Posture
Application for Administrative Review of a Public Guardian Access Decision; Respondent's Application for Summary Dismissal / Determined on the Papers
Outcome
The proceedings are dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.
Legal Topics
['reviewability of Public Guardian Decision Concerning Access' 'summary Dismissal' 'misconceived or Lacking in Substance Proceedings' 'access to Person Under Guardianship']
['administrative Law' 'civil Procedure' 'guardianship'] ['reviewability of Public Guardian Decision Concerning Access' 'summary Dismissal' 'misconceived or Lacking in Substance Proceedings' 'access to Person Under Guardianship']

Case Brief

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Procedural Posture

Application for Administrative Review of a Public Guardian Access Decision; Respondent's Application for Summary Dismissal / Determined on the Papers

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as misconceived or lacking in substance.' "Whether review of the Public Guardian's refusal of the Mother's Day access proposal could resolve the real issue after the proposed access date had passed." 'Whether the matter was suitable for determination without a hearing.']

Ratio Decidendi

The real issue was whether, and if so how and when, DYH and EIV should have access to DYH's mother. The proceeding as constituted sought review of a refusal of access on Mother's Day 2020, but that date had passed, so even success on the review would not grant access or resolve the real issue. The later requests concerned different decisions that had not yet been made and could not be addressed by amendment. The proceedings were therefore misconceived and lacking in substance and should be dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Court Disposition

The proceedings are dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Orders

  • ['The proceedings are dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.']