G v W [2014] NSWSC 108

Supreme Court New South Wales

Medium Neutral Citation: G v W [2014] NSWSC 108 Hearing dates: 17 February 2014 Decision date: 25 February 2014 Jurisdiction: Equity Division Before: Lindsay J Decision: Order that the proceedings be dismissed Catchwords: GUARDIANSHIP - Guardianship Tribunal - Orders for revocation of appointment of enduring guardian and for appointment of a guardian - Appeal to court, limited to questions of law - Appeal dismissed Legislation Cited: Civil And Administrative Tribunal Act 2013 NSW: s 1 cl 3 Civil Procedure Act 2005 NSW, s 3(1) Guardianship Act 1987 NSW, s 6K(2)(b) Uniform Civil Procedure Rules 2005 NSW, r 7.13, 7.14(1),7.18(1)(a), 7.14(2), 14(2)(a), s 14(2)(b), s 17(1)(a) Cases Cited: A by his Tutor Brett Anthony Collins v Mental Health Review Tribunal and Anor [2010] NSWSC 1363 at [41]-[43] and [49]-[50] A (by his tutor Brett Collins) v Mental Health Review Tribunal (No 4) [2014] NSWSC 31 at [226]. CCR v PS (No 2) (1986) 6 NSWLR 622 at 640E-F Ho v NSW Public Guardian [2013] NSWSC 1788 at [15]-[16] Re An Incapable Person D [1983] 2 NSWLR 590 at 595 RH v CAH [1984] 1 NSWLR 694 at 708 Texts Cited: - Category: Principal judgment Parties: Plaintiff (Daughter of person under guardianship) First Defendant (Person under guardianship) Second Defendant (Son of person under guardianship) Third Defendant (Daughter of person under guardianship) Representation: Counsel: EA Cohen (Plaintiff) G Salier (Tutor for First Defendant) M Gorrick (Second and Third Defendants) Solicitors: Warren & Warren (Plaintiff) G Salier Solicitor (Tutor for First Defendant) Rundle & Co (Second and Third Defendants) File Number(s): 2013/181939