K v K [2000] NSWSC 1052

K v K [2000] NSWSC 1052

The Tribunal has wide powers under the Guardianship Act to make orders for the benefit of protected persons, including limited guardianship by the Public Guardian; the decisions reviewed were within the Tribunal's powers, and the Court should not interfere where the Tribunal has directed itself properly and fairly on the facts and applicable law.

Jurisdiction
Australia
Judgment Date
03 November 2000
Procedural Posture
Appeal / Judgment on Appeal From Tribunal Decision
Outcome
appeal dismissed
Legal Topics
['extent of Power of Guardianship Tribunal' 'guardianship Powers' 'party Status Before Tribunal' 'access and Accommodation Arrangements' 'costs in Protective Jurisdiction']
['mental Health' 'guardianship'] ['extent of Power of Guardianship Tribunal' 'guardianship Powers' 'party Status Before Tribunal' 'access and Accommodation Arrangements' 'costs in Protective Jurisdiction']

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Procedural Posture

Appeal / Judgment on Appeal From Tribunal Decision

Legal Issues

  1. 1 ['Did the Tribunal misconstrue its powers under the Guardianship Act 1987?' 'Who is regarded as having the care of another person under s 3D Guardianship Act?' 'Should leave to appeal be granted on questions of administration and policy?' 'Was the appointment of the Public Guardian as limited guardian appropriate?' 'How should costs be borne on appeal in protective jurisdiction cases?']

Ratio Decidendi

The Tribunal has wide powers under the Guardianship Act to make orders for the benefit of protected persons, including limited guardianship by the Public Guardian; the decisions reviewed were within the Tribunal's powers, and the Court should not interfere where the Tribunal has directed itself properly and fairly on the facts and applicable law.

Court Disposition

appeal dismissed

Orders

  • ["The fourth defendant's costs to be paid out of the assets of the first defendant." "No order as to the plaintiff's costs." 'Exhibits may be returned.']