Mansour v Land and Housing Corporation [2016] NSWCATAP 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mansour v Land and Housing Corporation [2016] NSWCATAP 28 Hearing dates: 4 September 2014 Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction: Appeal Panel Before: D Patten - Principal Member J Smith - Senior Member Decision: Guardian ad Litem appointed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Category: Principal judgment Parties: Anthony Mansour (Applicant) NSW Land and Housing Corporation (Respondent) Representation: Counsel: R Walton (Respondent)

Solicitors: A Mansour (Applicant in Person) File Number(s): AP14/46373 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 16 April 2014 Before: K Rosser File Number(s): SH 13/52459, SH 14/11679, SH 14/15490

Reasons for decision 1. When this matter was before us on 4 September 2014, we made orders which included an order that the Registrar appoint a person to act as guardian ad litem for the appellant. What follows are our reasons for that order. 2. Mr Mansour appeared in person at the hearing. During exchanges with the appeal panel and with Mr R Walton who appeared for the respondent. Mr Mansour variously stated that he had been forced to withdraw instructions to his previous solicitor, that he was "under a lot of pressure attending to papers," that he suffered "post-concussion from a head injury," that it is "difficult for him to concentrate and follow everything," that "I don't really know what is going on" and that "I want to look after my case properly. 3. The panel formed a view from these statements and from a series of documents lodged by Mr Mansour with the Registry that he was not fully capable of attending properly to his interest in the proceedings in the sense of understanding the issues and being in a position to give instructions to legal representatives. 4. On forming this view the Tribunal raised with Mr Mansour the possibility of appointing a guardian ad litem pursuant to section 45 of the Civil and Administrative Tribunal Act. There was discussion on the topic which occupied some time during which the panel explained what a guardian ad litem involved. Following a short adjournment of the proceedings Mr Mansour said "I am in favour of an appointment". Thereafter the panel included in the orders it made an order for the appointment of a guardian.