BJK v Public Guardian [2015] NSWCATAD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJK v Public Guardian [2015] NSWCATAD 60 Hearing dates: 2 and 3 December 2014 Decision date: 31 March 2015 Before: J Lucy, Senior member Decision: The respondent's decision is affirmed. Catchwords: Application for review of decision of Public Guardian – Standing to seek review – Person whose interests are adversely affected – Meaning of "interests" – Application of principles in s 4 of Guardianship Act 1987 to decision about residence – Whether son's welfare and interests better served by living in current accommodation with father or moving to mother's home Legislation Cited: Guardianship Act 1987 (NSW) Guardianship Regulation 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: IO v Public Guardian [2004] NSWADT 111 XJ v Public Guardian [2006] NSWADT 327 Bull v Attorney-General (NSW) (1913) 17 CLR 370 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Hancock v East Coast Timber Products Pty Ltd (2011) 80 NSWLR 43 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: BJK (Uncle of person under guardianship) (Applicant) BVH (Mother of person under guardianship) (Joined party) Public Guardian (Respondent) BVG (Father of person under guardianship) (Joined party) Representation: BJK (Applicant in person) BVG (Joined party in person) BVH (Joined party in person) Crown Solicitor (Respondent) File Number(s): 1410309 Publication restriction: Publication restrictions apply under s 65 of Civil and Administrative Tribunal Act 2013 (NSW)