F v NSW Trustee and Guardian [2017] NSWSC 1319

Supreme Court New South Wales

Medium Neutral Citation: F v NSW Trustee and Guardian [2017] NSWSC 1319 Hearing dates: 26 September 2017 Date of orders: 26 September 2017 Decision date: 26 September 2017 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: (1) Application for leave to appeal made under the Civil and Administrative Tribunal Act 2013 NSW, Schedule 6, clause 14(1)(b) refused.

(2) Order that the plaintiff's summons be dismissed.

(3) No order as to costs. Catchwords: APPEALS — Appeal to Court from Guardianship Division of NSW Civil and Administrative Tribunal — Construction and operation of Civil and Administrative Tribunal Act 2013 NSW, Sch 6, cl 14.

MENTAL HEALTH - Appeal to Court from Guardianship Division of NSW Civil and Administrative Tribunal - Construction and operation of Civil and Administrative Tribunal Act 2013 NSW, Sch 6, cl 14(1)(b) — Application for leave to appeal on grounds other than a "question of law" — Grant of leave requires question of principle or some form of irregularity – Leave refused - Appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 NSW Guardianship Act 1987 NSW Mental Health Act 2007 NSW NSW Trustee and Guardian Act 2009 NSW Cases Cited: C v W [2015] NSWSC 1774 CJ v AKJ [2015] NSWSC 498 Collins v Urban [2014] NSWSCATAP 17 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Marion's Case (1992) 175 CLR 218 McD v McD [1983] 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Re D [2012] NSWSC 1006 Re Eve [1986] 2 SCR 388 at 411; (1986) 31 DLR (4th) 1 at 17 Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re R [2000] NSWSC 886 Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: - Category: Principal judgment Parties: Plaintiff: F, a protected person First Defendant: NSW Trustee and Guardian Second Defendant: South Western Sydney Local Health District. Third Defendant: NSW Public Guardian Representation: Counsel: Plaintiff: In person, assisted (with leave) by his wife First Defendant: JC Brouwer, Solicitor, NSW Trustee Second Defendant: SA Woods Third Defendant: JC Brouwer, Solicitor, NSW Trustee