ST v NSW Trustee and Guardian [2010] NSWADTAP 13

ST v NSW Trustee and Guardian [2010] NSWADTAP 13

Leave to appeal out of time is refused due to the excessive and unjustified delay of eleven months, despite the appellant being on notice of the time limit and the Tribunal's transcript policy, and the lack of significant merit or prejudice justifying an extension.

Parties
Appellant: ST; First Respondent: NSW Trustee and Guardian; Second Respondent: SU
Jurisdiction
Australia
Judgment Date
19 February 2010
Procedural Posture
External Appeal / Application for Leave to Appeal Out of Time
Outcome
leave to appeal out of time refused
Legal Topics
Leave to Appeal Out of Time, Guardianship Tribunal, Procedural Fairness, Capacity Determination
Administrative Law Leave to Appeal Out of Time Guardianship Tribunal Procedural Fairness Capacity Determination

Case Brief

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Parties

ST

Appellant

NSW Trustee and Guardian

First Respondent

SU

Second Respondent

Procedural Posture

External Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave should be granted to appeal out of time against a decision of the Guardianship Tribunal
  2. 2 Whether the delay in lodging the appeal is justified
  3. 3 Whether the appellant was afforded procedural fairness in the original decision

Ratio Decidendi

Leave to appeal out of time is refused due to the excessive and unjustified delay of eleven months, despite the appellant being on notice of the time limit and the Tribunal's transcript policy, and the lack of significant merit or prejudice justifying an extension.

Court Disposition

leave to appeal out of time refused

Orders

  • Leave to appeal out of time refused.