NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: ZGB v Public Guardian [2019] NSWSC 97 Hearing dates: 12 February 2019 Decision date: 12 February 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Refuse to grant leave to the plaintiff to file her application for leave to appeal out of time. 2. Dismiss summons. Catchwords: CIVIL PROCEDURE — Summons re Appeal from decision of Appeal Panel of NCAT – dismissal of application for an extension of time to commence an appeal –– appropriate to consider the length and reason for the delay in commencement of the appeal and whether the plaintiff has a fairly arguable case Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 82 and 83(1) Guardianship Act 1989 (NSW), ss 25 and 25C Uniform Civil Procedure Rules rr 7.36 and 50.3(1) Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Jingalong Pty Ltd v Todd [2014] NSWCA 330 ZGB v ZGC [2018] NSWCATAP 58 Category: Principal judgment Parties: "ZGB" (Plaintiff) Public Guardian (First Defendant) "A" (Second Defendant) "B" (Third Defendant) Representation: Counsel: Plaintiff self-represented G Mahony (First Defendant)
Solicitors: Crown Solicitor's Office (First Defendant) File Number(s): 2018/00227270 Publication restriction: Nil
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