Re F [2013] NSWSC 54

Supreme Court New South Wales

Medium Neutral Citation: Re F [2013] NSWSC 54 Hearing dates: 31 January 2013 Decision date: 31 January 2013 Jurisdiction: Equity Division - Protective List Before: White J Decision: Summons dismissed without costs. Catchwords: EQUITY - guardianship - application to set aside orders of the Guardianship Tribunal - requirement for leave to appeal on a question of fact - consideration of views of persons under s 14 of the Guardianship Act 1987 - substitution of the applicant for a guardianship - whether a person should be appointed guardian in preference to the Public Guardian under s 15 of the Guardianship Act 1987 PROCEDURE - Supreme Court procedure - New South Wales - referral of litigant to registrar for pro bono assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 Legislation Cited: Guardianship Act 1987 (NSW) Cases Cited: Re B [2011] NSWSC 1075 K v K [2000] NSWSC 1052 EB v Guardianship Tribunal [2011] NSWSC 767 Slinko v Guardian and Administration Tribunal [2006] QSC 39; (2006) 2 Qd R 279 ADK v NSW Trustee and Guardian [2011] NSWADTAP 60 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 Category: Principal judgment Parties: F's son (Plaintiff) Guardianship Tribunal (Defendant) Representation: Counsel: In person (Plaintiff) Submitting appearance (Public Guardian) Solicitors: Crown Solicitor (Defendant) File Number(s): 2012/330049