SFX [2018] NSWCATGD 15

SFX [2018] NSWCATGD 15

The absence of SFX from the hearing, combined with no prior written submissions and failure to take reasonable steps to ascertain her views, meant her case was not adequately put; this raised a real likelihood of injustice and justified setting aside the order.

Jurisdiction
Australia
Judgment Date
02 August 2018
Procedural Posture
Application to Set Aside Financial Management Order / Final Decision
Outcome
Order set aside
Legal Topics
['set Aside Decision' 'absence of Party' 'adequate Opportunity to Be Heard' 'appointment of Financial Manager']
['guardianship' 'financial Management'] ['set Aside Decision' 'absence of Party' 'adequate Opportunity to Be Heard' 'appointment of Financial Manager']

Case Brief

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Procedural Posture

Application to Set Aside Financial Management Order / Final Decision

Legal Issues

  1. 1 ['Whether decision was made in absence of SFX' "Whether absence resulted in SFX's case not being adequately put" 'Whether discretion should be exercised to set aside order']

Ratio Decidendi

The absence of SFX from the hearing, combined with no prior written submissions and failure to take reasonable steps to ascertain her views, meant her case was not adequately put; this raised a real likelihood of injustice and justified setting aside the order.

Court Disposition

Order set aside

Orders

  • ['The financial management order made in relation to SFX made on 26 September 2017 is set aside.']