ZGB v Public Guardian [2019] NSWSC 97

ZGB v Public Guardian [2019] NSWSC 97

Leave to appeal out of time is refused because the grounds do not demonstrate a fairly arguable case or error of law by the Appeal Panel. Even if time were extended, leave would not be granted as the criteria for leave—error of law, principle, public importance, or clear injustice—are not met.

Parties
Plaintiff: ZGB; First Defendant: Public Guardian; Second Defendant: A; Third Defendant: B
Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Summons for Leave to Appeal and Extension of Time / Preliminary Application for Leave to Appeal Out of Time and for Extension of Time
Outcome
Leave to appeal out of time refused; summons dismissed.
Legal Topics
Appeals, Extension of Time, Guardianship Orders, Leave to Appeal, Judicial Review
Civil Procedure Equity Appeals Extension of Time Guardianship Orders Leave to Appeal Judicial Review

Case Brief

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Parties

ZGB

Plaintiff

Public Guardian

First Defendant

A

Second Defendant

B

Third Defendant

Procedural Posture

Summons for Leave to Appeal and Extension of Time / Preliminary Application for Leave to Appeal Out of Time and for Extension of Time

Legal Issues

  1. 1 Whether leave to extend time for appeal should be granted
  2. 2 Whether there is an arguable case that the Appeal Panel erred in law
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

Leave to appeal out of time is refused because the grounds do not demonstrate a fairly arguable case or error of law by the Appeal Panel. Even if time were extended, leave would not be granted as the criteria for leave—error of law, principle, public importance, or clear injustice—are not met.

Court Disposition

Leave to appeal out of time refused; summons dismissed.

Orders

  • Refuse to grant leave to the plaintiff to file her application for leave to appeal out of time.
  • Dismiss summons.