DXG v Public Guardian [2020] NSWCATAD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXG v Public Guardian [2020] NSWCATAD 129 Hearing dates: On the papers Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013 a hearing of the dismissal application is dispensed with. Pursuant to s 55 (1) (b) of the Civil and Administrative Tribunal Act 2013 the proceedings are dismissed because they are misconceived. Catchwords: GUARDIANSHIP – Administrative Law – Decision of Public Guardian – Review under 80A – whether review persists on death of subject – whether proceedings futile- procedural fairness Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Guardianship Regulation 2016 Interpretation Act 1987 NSW Trustee and Guardian Act 2009 Cases Cited: AQN v Office of the Public Guardian [2013] NSW ADT 172 DXG v Public Guardian [2020] NSWCATAD 8 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69 (1964) 112 CLR 125 NSW Department of Premier and Cabinet v Cianfrano [2009] NSWADTAP 15 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Texts Cited: None cited Category: Principal judgment Parties: DXG (Applicant) Public Guardian (Respondent) Representation: Counsel: M Dalla-Pozza (respondent)