YKQ v YKR [2025] NSWCATAP 42

YKQ v YKR [2025] NSWCATAP 42

Leave to appeal out of time was refused because the applicant’s explanation for delay was not satisfactory and, more decisively, the proposed grounds of appeal had virtually no prospects of success, as no question of law was clearly identified and alleged errors were not material to the outcome.

Parties
Appellant: YKQ; First Respondent: YKR; Second Respondent: YKS; Third Respondent: YKU; Fourth Respondent: Public Guardian; Fifth Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Appeal / Decision on Leave to Appeal Out of Time and Appeal
Outcome
Leave to appeal out of time refused; appeal dismissed.
Legal Topics
Extension of Time, Guardianship, Appeals – Function of Appeal Panel, Findings of Fact
Civil Procedure Protective Jurisdiction Extension of Time Guardianship Appeals – Function of Appeal Panel Findings of Fact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

YKQ

Appellant

YKR

First Respondent

YKS

Second Respondent

YKU

Third Respondent

Public Guardian

Fourth Respondent

NSW Trustee and Guardian

Fifth Respondent

Procedural Posture

Appeal / Decision on Leave to Appeal Out of Time and Appeal

Legal Issues

  1. 1 Should leave to appeal out of time be granted?
  2. 2 Are there prospects of success on the proposed grounds of appeal?
  3. 3 Did the Tribunal err in the findings related to guardianship and financial management?

Ratio Decidendi

Leave to appeal out of time was refused because the applicant’s explanation for delay was not satisfactory and, more decisively, the proposed grounds of appeal had virtually no prospects of success, as no question of law was clearly identified and alleged errors were not material to the outcome.

Court Disposition

Leave to appeal out of time refused; appeal dismissed.

Orders

  • Leave to appeal out of time is refused.
  • The appeal is dismissed.