DK v The Public Guardian and RT [2018] NSWSC 1547

Supreme Court New South Wales

Medium Neutral Citation: DK v The Public Guardian and RT [2018] NSWSC 1547 Hearing dates: 8, 9 and 10 October 2018 Date of orders: 11 October 2018 Decision date: 11 October 2018 Jurisdiction: Equity - Protective List Before: Kunc J Decision: Proceedings stayed; plaintiff to pay the second defendant's costs of and incidental to these proceedings incurred on and from 6 October 2018 Catchwords: CIVIL PROCEDURE — Protective jurisdiction — Powers of court — Purported appeal from decision of Public Guardian — Whether legislative framework for review of decision should be circumvented — No exceptional circumstances to justify exercise of parens patriae jurisdiction

CIVIL PROCEDURE — Protective jurisdiction — Procedure — No general rule that costs orders should not be made Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Guardianship Act 1978 (NSW) Cases Cited: Algoni Pty Ltd v Retail Trade Industrial Tribunal (1987) 23 IR 180 CAC v Secretary, Department of Family & Community Services (No 2) [2015] NSWSC 344 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Frances and Benny [2005] NSWSC 1207 Re Frieda and Geoffrey [2009] NSWSC 133; (2002) 40 Fam LR 608 Re Victoria [2002] NSWSC 647; (2002) 29 Fam LR 157 Category: Principal judgment Parties: DK (Plaintiff)

NSW Trustee and Guardian (First Defendant) RT (Second Defendant) Representation: Counsel: T Morahan (Plaintiff) M Neville (First Defendant) M Byrne (Second Defendant)