K v Public Guardian of New South Wales [2003] NSWSC 632

New South Wales Supreme Court

CITATION : K v Public Guardian of New South Wales [2003] NSWSC 632 HEARING DATE(S) : 15 July 2003 JUDGMENT DATE : 15 July 2003

JUDGMENT OF : Simpson J DECISION : Summons dismissed.

CATCHWORDS : Guardianship Tribunal order LEGISLATION CITED : Supreme Court Rules, Part 13 r5 Guardianship Act 1987 (NSW), ss 3F, 9, 14, 57A, 67 PARTIES : IK - Plaintiff Office of the Public Guardian - Defendant FILE NUMBER(S) : SC 11617/03 COUNSEL : Plaintiff - in person Defendant - Ms R Giurastante (sol) SOLICITORS : IV Knight - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

15 July 2003

11617/03 IK v Public Guardian of New South Wales

JUDGMENT 1 HER HONOUR: By summons filed on 30 June 2003 the plaintiff, IK, seeks an order that SK be released from the Mona Vale Ocean View Nursing Home; she also seeks a full investigation into SK's care. 2 The plaintiff names the Public Guardian as the defendant to the summons. 3 By notice of motion the defendant, there identified by its correct title as the Office of the Public Guardian, seeks orders in the alternative that the summons be stayed or dismissed generally pursuant to Pt 13 r 5 of the Supreme Court Rules, or that it be struck out pursuant to Pt 15 r 26 thereof. 4 The plaintiff, who has appeared for herself in these proceedings, is the former wife of SK who is the subject of a guardianship order made under s14 of the Guardianship Act 1987 ("the Act"). By s9 of the Act an application for a guardianship order may be made by certain identified individuals: by s14 the Guardianship Tribunal may make such orders. Section 3F of the Act identifies the parties to such a proceeding and, by s57A, the Tribunal is empowered to join others as party to the proceedings. The plaintiff does not belong in any of the categories of persons who are, by s3F, named as parties to guardianship proceedings.