A v A

[2016] NSWCA 17

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	A v A [2016] NSWCA 17
Hearing dates:	16 February 2016
Date of orders:	19 February 2016
Decision date:	19 February 2016
Before:	Gleeson JA at [1]
Decision:	The applicant’s notice of motion filed 6 October 2015 be dismissed with costs.
Catchwords:	PRODEDURE – Court of appeal – interlocutory – Protective list – protected estate manager appointed tutor - application for leave to appeal without tutor – whether to grant a stay pending appeal – whether serious issues for determination by appeal – whether real risk of prejudice or damage – whether appeal would be rendered abortive or nugatory – balance of convenience – leave to issue subpoenas to attend to give evidence and to produce – whether special grounds for further evidence
Legislation Cited:	District Court Act 1973 (NSW), s 44(1)(d) NSW Trustee and Guardian Act 2009, s 41 Supreme Court Act, 1970 (NSW), ss 75A(7), 75A(8), 75A(9) Uniform Civil Procedure Rules, rr 7.3(1), 42.1
Cases Cited:	A v A [2015] NSWSC 1778 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Akins v National Australia Bank (1994) 34 NSWLR 155 Tjiong v Tjiong [2012] NSWCA 201 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737
Category:	Procedural and other rulings
Parties:	Applicant: A Protected Person Respondent: District Court Adversary of the Protected Person
Representation:	Counsel: Applicant (In person) D Hanna (Respondent) Solicitors: Applicant (Self-represented) Moray & Agnew (Respondent)
File Number(s):	2015/2428642015/290953
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity – Protective List Citation: [2015] NSWSC 1778 Date of Decision: 27 November 2015 Before: Lindsay J File Number(s): 2015/019513 2015/186082

Judgment

1. GLEESON JA: Before the Court on 16 February 2016 was a notice of motion filed 6 October 2015 by which the applicant, a protected person, sought no less than 28 orders, including that the NSW Trustee be removed from the “victims matter immediately” and that the court “review all orders made by COURTS in 8 years with miscarriage of justice from courts” (order 1). Other relief sought included the payment of interim compensation on the grounds of emergency hardship in respect of rent, medical and dental treatment; an advance payment of $5 million for loss of income; orders that “all solicitors who have acted in this matter since 2007” be subpoenaed to give evidence; orders that Doctor Patricia Jungfer and Doctor S Smith be subpoenaed to give evidence concerning their reports in relation to the applicant’s capacity; and orders for the transfer of the applicant’s District Court proceedings to this Court and the proceedings be listed for a 10-day hearing to determine “all negligence caused in this matter from 2007, professional negligence, medical negligence, by all parties who acted in this matter”.

2. The orders referred to above are sought in proceedings commenced by the applicant on 19 August 2015 seeking leave to appeal against orders made by a judge of the Supreme Court…