ST v NSW Trustee and Guardian [2010] NSWADTAP 13

Appeal Panel - External

CITATION: ST v NSW Trustee and Guardian [2010] NSWADTAP 13

APPELLANT ST

PARTIES: FIRST RESPONDENT NSW Trustee and Guardian

SECOND RESPONDENT SU

FILE NUMBER: 108001

HEARING DATES: 19 February 2010

SUBMISSIONS CLOSED: 19 February 2010

EXTEMPORE DECISION DATE: 19 February 2010 BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: External appeal, leave to appeal out of time

DECISION UNDER APPEAL: 2008/6184 , 2008/6185

FILE NUMBER UNDER APPEAL: C/40306

DATE OF DECISION UNDER APPEAL: 02/11/2009

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

CASES CITED: NZ v Commissioner of Police, New South Wales Police (GD) [2008] NSWADTAP 23

APPELLANT H Paul, solicitor

FIRST RESPONDENT No appearance REPRESENTATION: SECOND RESPONDENT No appearance

DECISON MAKER E Cho, legal officer

ORDERS: Leave to appeal out of time refused.

REASONS FOR DECISION

1 HER HONOUR: I am going to make a decision. My decision is to refuse leave to appeal out of time and I base that on the fact that the general rule is that an appeal must be lodged within 28 days of the Guardianship Tribunal giving a party reasons for decision. That is set out in s 118(B) of the Administrative Decisions Tribunal Act 1997. This appeal was lodged some eleven months out of time, in February 2010. The Guardianship Tribunal's decision was handed down in February 2009.