Taunton v Taunton [2020] NSWCA 197

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Taunton v Taunton [2020] NSWCA 197 Hearing dates: 26 August 2020 Date of orders: 26 August 2020 Decision date: 28 August 2020 Before: Basten JA; McCallum JA Decision: (1) Refuse the application for leave to appeal and dismiss the summons in matter 2020/148465. (2) Dismiss the motion filed on 19 May 2020. (3) Make no order as to the costs in the proceedings in this Court. Catchwords: APPEALS – leave to appeal – orders for possession of real property – family dispute – property owned by father – order for possession obtained against defendant son in occupation – proceedings commenced by defendant's brother under power of attorney – leave sought to challenge execution of power of attorney – issue not raised below – grounds not addressing correctness of the decision below – orders executed – only payment of costs order outstanding – futility of appeal REAL PROPERTY – orders for possession – family dispute – property owned by father – order for possession obtained against son in occupation – son had been caring for father – possession sought to sell property to pay for nursing home fees – son alleged representation by father that he could remain in occupation during father's life Category: Procedural and other rulings Parties: Daniel Clint Taunton (Applicant) John Eric Taunton (Respondent) Representation: Applicant self-represented Gregory Taunton and Joanna Taunton as tutor for John Eric Taunton File Number(s): 2020/148465 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2019] NSWSC 1513 Date of Decision: 4 November 2019 Before: Slattery J File Number(s): 2019/153609