ZH v Public Guardian & Ors [2007] NSWADTAP 3

ZH v Public Guardian & Ors [2007] NSWADTAP 3

ZH lacks standing to appeal the 2006 decisions as he was not a party to those proceedings, and no utility in extending time for appeal exists for the 2004 decisions as they have been superseded. The appeal is therefore dismissed on both grounds.

Jurisdiction
Australia
Judgment Date
09 January 2007
Procedural Posture
External Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
['financial Management Order' 'guardianship Order' 'leave to Appeal Out of Time' 'standing']
['guardianship Law' 'administrative Law'] ['financial Management Order' 'guardianship Order' 'leave to Appeal Out of Time' 'standing']

Case Brief

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Procedural Posture

External Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the appellant (ZH) has standing to appeal the Guardianship Tribunal's decisions of 2004 and 2006" 'Whether the appeal should be permitted out of time for the 2004 decisions' 'Whether ZH was a party entitled to appeal the 2006 decisions']

Ratio Decidendi

ZH lacks standing to appeal the 2006 decisions as he was not a party to those proceedings, and no utility in extending time for appeal exists for the 2004 decisions as they have been superseded. The appeal is therefore dismissed on both grounds.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal against the decisions of the Guardianship Tribunal made on 26 October 2004 in relation to ZI is dismissed.' 'The appeal against the decisions of the Guardianship Tribunal made on 2 February 2006 in relation to ZI is dismissed.']