NSW Caselaw
CITATION: LE and LF v Public Guardian [2009] NSWADT 78
DIVISION: General Division
APPLICANTS (1) LE PARTIES: (2) LF
RESPONDENT Public Guardian
FILE NUMBER: 083385
HEARING DATES: 1 April 2009
SUBMISSIONS CLOSED: 1 April 2009
DATE OF DECISION: 9 April 2009
BEFORE: O'Connor K - DCJ (President)
CATCHWORDS: GUARDIANSHIP – Review of Decisions of Public Guardian – Protected Person in state of Post-Coma Unresponsiveness – Advance Care Plan – Withdrawal of Life Support – Refusal of Alternative Treatment Proposal – Conflicting Wishes of Family Members – Legal and Ethical Considerations – Decisions Affirmed
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Guardianship Act 1987
Airedale National Health Service; Auckland Area Health Board v Attorney General [1993] 1 NZLR 235 FI v Public Guardian [2008] NSWADT 263 Gardner; re BWV [2003] VSC 173 Hunter Area Health Service v Marchlewski (2000) 51 NSWLR 264 CASES CITED: Messiha v South East Health [2004] NSWSC 1061 Northbridge v Central Sydney Area Health Service (2000) 50 NSWLR 549 Public Advocate v RCS (Guardianship) [2004] VCAT 1880 Re G [1997] 2 NZLR 201 Re Korp (Guardianship) [2005] VCAT 779 ZS and ZT v Public Guardian [2007] NSWADT 57
APPLICANTS In person REPRESENTATION: RESPONDENT E Boyle of counsel / E Mee, Crown Solicitor's Office
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