AHB v NSW Trustee and Guardian [2014] NSWCA 216

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AHB v NSW Trustee and Guardian [2014] NSWCA 216 Hearing dates: 18 June 2014 Decision date: 07 July 2014 Before: McColl JA at [1]; Basten JA at [2]; Meagher JA at [4] Decision: (1) Appeal dismissed. (2) No order as to the costs of the appeal. [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 - appeal against decision of Appeal Panel upholding Administrative Decision Tribunal's decision to confirm respondent's decision as financial manager of protected person's estate to sell family home - appeal grounds involve no question of law - no question of principle

COSTS - exercise of discretion - whether costs should follow event that appeal dismissed - respondent part of executive government and subject to Model Litigant Policy - decision which was subject to appeal not acted upon and no longer relevant - appellant litigant in person - no attempt by respondent to avoid need for hearing of appeal - failure to adhere to requirement of Policy - departure from ordinary rule justified Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), ss 36, 38, 55, 112, 113, 115, 119 Aged Care Act 1997 (Cth), s 22-1 Civil Procedure Act 2005 (NSW) ss 56, 98 Court Suppression and Non-publication Orders Act 2010 (NSW), s 7 Guardianship Act 1987 (NSW), ss 14, 16, 25E, 25G, 25M, 57 NSW Trustee and Guardian Act 2009 (NSW), ss 6, 39, 62 NSW Trustee and Guardian Regulation 2008 (NSW), cl 43 Uniform Civil Procedure Rules, rr 7.14, 7.15, 36.16 Cases Cited: AHB v NSW Trustee and Guardian [2012] NSWADT 76 Mahenthirarasa v State Rail Authority of NSW (No 2) [2008] NSWCA 201 Category: Principal judgment Parties: Applicant (Self-represented) NSW Trustee and Guardian (Respondent) Representation: Counsel: Applicant (Self-represented) JS Emmett, A Russoniello (Respondent) Solicitors: Applicant (Self-represented) IV Knight, Crown Solicitor (Respondent) File Number(s): 2013/286294 Decision under appeal Jurisdiction: 9113 Citation: AHB v NSW Trustee and Guardian [2012] NSWADTAP 37 Date of Decision: 2012-08-08 00:00:00 Before: N Hennessy Deputy President, L Goodchild Judicial Member, B Thomson Non-Judicial Member File Number(s): 129011