NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tanious v The Public Guardian [2012] NSWCA 335 Hearing dates: 3 October 2012 Decision date: 03 October 2012 Before: Meagher JA at [1], [19] Sackville AJA at [2] - [3] Tobias AJA at [4] Decision: Notice of Motion dismissed. No order as to costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: NOTICE OF MOTION - review of the decision of Macfarlan JA brought pursuant to s 46(4) Supreme Court Act 1970 - whether the decision of Macfarlan JA dismissing the appeal against the decision of the Appeal Panel of the Administrative Decisions Tribunal was plainly wrong - notice of motion dismissed - no order as to costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Rinehart v Welker [2011] NSWCA 403 Tanious v Hunt [2012] NSWCA 51 Tanious v Public Guardian [2012] NSWCA 165 Category: Interlocutory applications Parties: Mofeed Tanious (Appellant) The Public Guardian (First Respondent) Irini Moza (Second Respondent) Representation: Appellant in person Crown Solicitor's Office (First Respondent) No appearance (Second Respondent) File Number(s): CA50000 of 2012 Decision under appeal Date of Decision: 2012-05-28 00:00:00 Before: Macfarlan JA File Number(s): CA50000 of 2012
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