P v D1 & Ors [2011] NSWSC 257

Supreme Court New South Wales

Medium Neutral Citation: P v D1 & Ors [2011] NSWSC 257 Hearing dates: 22 June, 14, 15, 16, 22 & 23 September 2010 Decision date: 04 April 2011 Before: Slattery J Decision: The plaintiff's application for leave to appeal against three decisions of the Guardianship Tribunal made on 19 June 2006, 9 January 2007, and 29 January 2009 was not instituted within time under Guardianship Act s 67(2)(b). Further time will not be allowed under Guardianship Act s 67(2)(c). The application for leave to appeal against a fourth decision of the Guardianship Tribunal dated July 2009 is within time. But leave to appeal is necessary, as the application does not involve a question of law. Leave to appeal is refused. Plaintiff ordered to pay defendants' costs. Catchwords: MENTAL HEALTH - guardians- applications for leave to appeal against four decisions of the Guardianship Tribunal - application brought under Guardianship Act 1987 s67 - HELD - applications out of time in respect of three Guardianship Tribunal decisions - no basis to exercise discretion allowing further time for leave to appeal in respect of these three decisions - none of the appeals for which the plaintiff seeks leave involve a question of law under Guardianship Act s 67(1)(a) - no grant of leave to appeal in respect of the fourth Tribunal decision. Legislation Cited: Guardianship Act 1987, ss 3(2), 25P, 31, 57, 67(1), 67(2) Supreme Court Act 1970, s 75A Uniform Civil Procedure Rules 2005, r 50. Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 C v C [2001] QSC 126 IZ V JC, JB and JA [2009] NSWADT AP 4 K v K [2000] NSWSC 1052 Re R [2000] NSWSC 886 Retarded Children's Aid Society v Day [1978] ICR 437 The Australian Gaslight Co v The Valuer-General (1940) 40 SR (NSW) 126 Category: Principal judgment Parties: Plaintiff [Not published] First Defendant [Not published] Second Defendant [Not published] Third Defendant [Not published] Fourth Defendant - Guardianship Tribunal Fifth Defendant [Not published] Representation: Counsel: Plaintiff - n/a Second and Third Defendants - P. Jeffriess Fifth Defendant - D.M.Roberts Counsel: Plaintiff - Hal Ginges, Hal Ginges and Company Second and Third Defendants - John McCallum Boyd Boag, Everingham Solomons Fifth Defendant - Michael McHugh, The Law Company File Number(s): 2009/46