YCI v Sydney Local Health District [2023] NSWCATAP 295

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YCI v Sydney Local Health District [2023] NSWCATAP 295 Hearing dates: 21 September 2023 Date of orders: 21 September 2023 Decision date: 02 November 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President C P Fougere, Principal Member S E Taylor, Senior Member Decision: The appeal is dismissed pursuant to s 55 (1)(d) of the Civil and Administrative Tribunal Act 2013 for want of prosecution. Catchwords: APPEALS –– summary dismissal of appeal ––– exercise of power to dismiss appeal because of a "want of prosecution in the proceedings" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(1), 50(2), 55(1), 55(1)(d) Guardianship Act 1987 (NSW), ss 25(2)(b), 25R(a) Cases Cited: Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 House v The King (1936) 55 CLR 499; [1936] HCA 40 Texts Cited: None cited Category: Principal judgment Parties: YCI (Appellant) Sydney Local Health District (First Respondent) Public Guardian (Second Respondent) NSW Trustee and Guardian (Third Respondent) Representation: Solicitors:

Appellant (No Appearance) Crown Solicitor (First Respondent) No appearance (Second Respondent) No appearance (Third Respondent) File Number(s): 2022/00363801 Publication restriction: Pursuant to s 65(1) of the Civil and Administrative Tribunal Act 2013 (NSW), the publication of the name of any of the parties or other people referred to in this decision including the publication of any information, picture or other material that identifies them or is likely to lead to their identification is prohibited Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 01 November 2022 Before: C L Grant, Senior Member (Legal) W E Blaxland, Senior Member (Professional) D Crowley, General Member (Community) File Number(s): 2000/00073984