AJJ v NSW Trustee and Guardian

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Administrative Decisions Tribunal


New South Wales

Medium Neutral Citation: AJJ v NSW Trustee and Guardian [2012] NSWADTAP 30
Hearing dates:22 June 2012
Decision date: 22 June 2012
Before: Magistrate N Hennessy, Deputy President
C Huntsman, Judicial Member
A Wunsch, Non-judicial Member
Decision:

Leave to appeal on grounds other than a question of law is refused

Catchwords: APPEAL - leave to appeal on grounds other than a question of law - leave refused
Legislation Cited: Administrative Decisions Tribunal Act 1997
Guardianship Act 1987
Cases Cited: K v K [2000] NSWSC 1052
Category:Principal judgment
Parties: AJJ (Appellant)
NSW Trustee and Guardian (First Respondent)
AJK (Second Respondent)
AJL (Third Respondent
Guardianship Tribunal (Fourth Respondent)
Representation: Counsel
Ms C King (Second Respondent)
AJJ - In person
NSW Trustee and Guardian - No appearance
AJK - Ms B Weule (Guardian ad litem)
AJL - In person
Guardianship Tribunal - Ms A Sprouster
File Number(s):128004
 Decision under appeal 
Citation:
2012/485
Date of Decision:
2012-03-12 00:00:00
File Number(s):
C/42546

REASONS FOR DECISION

  1. HER HONOUR: This is an appeal by AJJ against a decision of the Guardianship Tribunal made on 12 March 2012. AJJ is the sister of AJK who is a young man with Down's Syndrome. There is a dispute between AJJ and her mother in relation to many aspects of AJK's care, both health care and accommodation issues. Prior to October 2011, AJJ was the guardian and financial manager for her brother. She had the authority to make decisions about where he should live and the health care he should receive. In October 2011 AJJ's mother (AJL) applied to the Guardianship Tribunal for a review of those orders.

  1. The Guardianship Tribunal revoked both AJJ's appointments and appointed the Public Guardian and the NSW Public Trustee respectively as AJK's guardian and financial manager. Later in March 2012 the Guardianship Tribunal heard another application for a review of those orders.

  1. At that time the Guardianship Tribunal varied the guardianship order giving AJJ power to make decisions about health care and consent to medical and dental treatment. The Guardianship Tribunal retained the Public Guardian to make decisions in relation to accommodation, services and travel and also retained the New South Wales Trustee to make decisions in relation to AJK's finances.

  1. It is the decision of 12 March 2012 against which AJJ has appealed. She is entitled to appeal on a question of law but requires the Tribunal's leave to appeal on any other ground: s 118B of the Administrative Decisions Tribunal Act 1997 (ADT Act). AJJ made it clear, firstly, that she was appealing against both decisions of the Guardianship Tribunal; that is, the decision relating to guardianship and the decision relating to financial management, and, secondly, that she was not appealing on any question of law.

  1. The issue in these proceedings is whether or not the Appeal Panel should grant leave for AJJ to appeal against either the Guardianship Tribunal's guardianship decision or the Guardianship Tribunal's financial management decision. We have decided to refuse leave…

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Details
Case
[2012] NSWADTAP 30
Decision Date

CaseChat Overview and Summary

AJJ sought leave to appeal against the decision of the Supreme Court of New South Wales to the Court of Appeal. The original matter concerned the management of AJJ's estate, with the NSW Trustee and Guardian appointed as the estate's trustee. AJJ contested the decisions made by the trustee regarding the distribution of assets within the estate, specifically challenging the trustee's authority to make certain decisions. The Supreme Court found in favour of the trustee, upholding the decisions made in relation to the estate. AJJ applied to the Court of Appeal for leave to appeal on grounds other than a question of law.

The primary issue for the Court of Appeal was whether AJJ's appeal should be heard on grounds other than a question of law. The Court considered whether AJJ's appeal raised a significant point of law or principle that warranted further consideration. The Court noted that the appeal was based on AJJ's disagreement with the substance of the decision made by the trustee, rather than the process or law applied. The Court of Appeal found that the appeal did not raise a significant point of law or principle that warranted further consideration.

The Court of Appeal found that AJJ's appeal did not raise a significant point of law or principle that warranted further consideration. The Court considered the grounds of appeal and found that they were based on a disagreement with the substance of the decision made by the trustee, rather than the process or law applied. The Court held that AJJ's appeal did not meet the threshold for leave to appeal on grounds other than a question of law. As a result, AJJ's application for leave to appeal was refused.

Orders

Orders of the court

Leave to appeal on grounds other than a question of law is refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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