AS by her tutor SS v NSW Public Guardian [2021] NSWSC 889

Supreme Court New South Wales

Medium Neutral Citation: AS by her tutor SS v NSW Public Guardian [2021] NSWSC 889 Hearing dates: 19 July 2021 Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Equity - Protective List Before: Robb J Decision: See [67] for orders to separate questions. The Court orders that the plaintiff's summons is dismissed. Catchwords: CIVIL PROCEDURE — Protective jurisdiction — Appeals from Guardianship Tribunal — Where the plaintiff appealed the decision of the Guardianship Division of NCAT on 11 grounds — Whether any of the appeal grounds comprised questions of law — Whether any question of law involved an error on the part of the Tribunal — Where the Court found that only one appeal ground comprised a question of law, and found that that appeal ground did not involve an error on the part of the Tribunal — Whether the plaintiff should be granted leave to appeal on a ground other than a question of law — Where the Court declined to grant that leave and consequently dismissed the appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: C v W [2015] NSWSC 1774 W v G [2003] NSWSC 1170 Category: Principal judgment Parties: AS by her tutor SS (plaintiff) NSW Public Guardian (defendant) Representation: Counsel: AS by her tutor SS (self-represented) (plaintiff) A Rose (defendant)

Solicitors: NSW Crown Solicitors (defendant) File Number(s): 2021/90494