SY v Public Guardian [2024] NSWSC 1669

Supreme Court New South Wales

Medium Neutral Citation: SY v Public Guardian [2024] NSWSC 1669 Hearing dates: 5 December 2024 Date of orders: 24 December 2024 Decision date: 24 December 2024 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Order that a summons challenging NCAT's appointment of the Public Guardian as a guardian (rather than the father of the person in need of a guardian) be dismissed Catchwords: GUARDIANSHIP – Guardians, committees, administrators, managers and receivers – Challenge to guardianship order of NCAT through prism of the Court's parens patriae jurisdiction – Factors warranting an exercise of parens patriae jurisdiction – Decision of NCAT affirmed Legislation Cited: Guardianship Act 1987 NSW NSW Civil and Administrative Tribunal Act 2013 NSW NSW Trustee and Guardian Act 2009 NSW Mental Health Act 2007 NSW Cases Cited: IR v AR [2015] NSWSC 1187 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Eve [1986] 2 SCR 388; 31 DLR (4th) 1 Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR Re Victoria [2002] NSWSC 133; 40 Fam LR 157 Secretary, Department of Health and Community Services (Marion's Case (1992) 175 CLR 218 Category: Principal judgment Parties: Plaintiff: SY, the father of the second defendant First defendant: Public Guardian Second defendant: VY, an adult son of the plaintiff Representation: Counsel:

Plaintiff: Self represented First defendant: B Dean Second defendant: No appearance