BTH v BTI, BTJ & Ors [2016] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: BTH v BTI, BTJ & Ors [2016] NSWSC 533 Hearing dates: 5 April 2016 Date of orders: 27 April 2016 Decision date: 27 April 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Leave is granted to the plaintiff to rely upon the Further Amended Summons.

(2) Leave to appeal the decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales of 15 January 2016 is refused.

(3) The Further Amended Summons is dismissed.

(4) Costs awarded against the plaintiff, in favour of the second defendant. Catchwords: ADMINISTRATIVE LAW – judicial review – interlocutory decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales in guardianship matter – issue concerning legal representation of first defendant - s 69 of the Supreme Court Act 1970 (NSW) – r 32 of the Civil and Administrative Tribunal Rules 2014 (NSW) – ss 45 and 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) - Cl 14(1)(a) of Schedule 6 of the Civil and Administrative Tribunal Act 2013 (NSW) – Further Amended Summons dismissed Legislation Cited: Supreme Court Act 1970 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 BTH v NSW Public Guardian [2016] NSWCATAP 12 C v W [2015] NSWSC 1774 Carolan v AMF Bowling Pty Limited [1995] NSWCA 69 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 NSW Breeding and Racing Stables Pty Ltd v Administrative Decisions Tribunal of New South Wales [2001] NSWSC 494; 53 NSWLR 559 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Prince Jefri Bolkiah v KPMG [1999] 2 AC 222 Quach v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63 Re R [2000] NSWSC 886 Rodger v de Gelder [2015] NSWCA 211 Zelden v Sewell; Henamast Pty Ltd v Sewell [2011] NSWCA 56 Category: Principal judgment Parties: BTH (Plaintiff) BTI (First Defendant) BTJ (Second Defendant) Appeal Panel of the Civil and Administrative Tribunal of NSW (Third Defendant) Public Guardian of NSW (Fourth Defendant) Representation: E Romaniuk SC/ E Grotte (Plaintiff) B Katekar/ GP GEE (Second Defendant) File Number(s): 2016/00033571 Publication restriction: None