Vescio v Guardianship Tribunal of New South Wales [2010] NSWCA 227

New South Wales Court of Appeal

CITATION: Vescio v Guardianship Tribunal of New South Wales [2010] NSWCA 227

HEARING DATE(S): 25 August 2010 JUDGMENT OF: McColl JA at 1,15; Young JA at 13

EX TEMPORE JUDGMENT DATE: 25 August 2010

DECISION: Application for leave to appeal dismissed with costs

CATCHWORDS: PROCEDURE – civil – summary disposal – dismissal – whether reasonable cause of action – frivolous or vexatious claims – no issue of principle

Defamation Act 2005 (NSW) LEGISLATION CITED: Guardianship Act 1987 (NSW) Uniform Civil Procedure Rules 2005

CATEGORY: Principal judgment

CASES CITED: Vescio v Guardianship Tribunal of New South Wales [2009] NSWDC 341; (2009) 10 DCLR (NSW) 83

PARTIES: Carmelo Michael Vescio - Applicant Guardianship Tribunal of New South Wales - Respondent

FILE NUMBER(S): CA 2010/17425

COUNSEL: Miss S T Chrystanthou for the Respondent

SOLICITORS: Applicant in person I V Knight Crown Solicitor for the Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 2714/09

LOWER COURT JUDICIAL OFFICER: Gibson DCJ

LOWER COURT DATE OF DECISION: 15/12/09

LOWER COURT MEDIUM NEUTRAL CITATION: [2009]NSWDC 341

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 2010/17425

McCOLL JA YOUNG JA

25 August 2010 MICHAEL VESCIO v GUARDIANSHIP TRIBUNAL OF NEW SOUTH WALES Judgment ex tempore 1 McCOLL JA: This is an application by Michael Vescio for leave to appeal from a judgment of Judge Gibson of the District Court of New South Wales delivered on 15 December 2009: Vescio v Guardianship Tribunal of New South Wales [2009] NSWDC 341; (2009) 10 DCLR (NSW) 83. Her Honour was dealing with a summary judgment application brought by the Guardianship Tribunal of New South Wales pursuant to Uniform Civil Procedure Rules 2005 13.4 or UCPR 14.28.