EY v Guardianship Tribunal of NSW [2013] NSWCA 349

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: EY v Guardianship Tribunal of NSW [2013] NSWCA 349 Hearing dates: 27 August 2013 Decision date: 27 August 2013 Before: Ward JA at [1] and [15]; Emmett JA at [2] Decision: The application for leave to appeal is dismissed with 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: APPEAL - application for leave to appeal from decision refusing oral application for leave to appeal from Guardianship Tribunal of NSW on questions of fact - whether Tribunal approached fact-finding task in unorthodox manner - application for leave to appeal dismissed Legislation Cited: Guardianship Tribunal Act 1987, ss 15(3), 67(1) Category: Interlocutory applications Parties: EY - applicant, son of protected person Guardianship Tribunal of NSW - first respondent NSW Trustee and Guardian - second respondent Public Guardian - third respondent Daughter of protected person - fourth respondent Representation: Counsel: M Carney - applicant No appearance for first respondent Stormant - second respondent Z Heger - third respondent The fourth respondent appeared in person Solicitors: MJ Woods - applicant Crown Solicitor's Office - first respondent NSW Trustee and Guardian - second and third respondents In person - fourth respondent File Number(s): 2013/203729 Decision under appeal Citation: [2013] NSWSC 831 Date of Decision: 2013-06-21 00:00:00 Before: Lindsay J File Number(s): 2012/401233