FKS v Public Guardian [2024] NSWCATAP 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FKS v Public Guardian [2024] NSWCATAP 27 Hearing dates: 09 February 2024 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Appeal Panel Before: A Balla, ADCJ, Principal Member Dr R Dubler SC, Senior Member Decision: 1. Application to extend time for the lodging of the Notice of Appeal is refused. 2. Appeal dismissed. Catchwords: ADMINISTRATVIE REVIEW – person under guardianship – decision of the Public Guardian that person be accommodated at an aged-care facility was affirmed - not reasonably arguably case of error APPEALS – application to extend time to lodge Notice of Appeal – application refused – insufficient prospects of success of appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Gallow v Dawson (1990) HCA 30; 93 ALR 479 Jackson v Land and Housing Corporation (NSW) [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 The Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Texts Cited: Nil Category: Principal judgment Parties: FKS (Appellant) Public Guardian (First Respondent) FKA (Second Respondent)