As by her tutor Ss v NSW Public Guardian

The plaintiff, represented by their tutor, appealed against a decision made by the Guardianship Division of the New South Wales Civil and Administrative Tribunal. The appeal centred on the Guardianship Tribunal's ruling concerning the plaintiff's eligibility for certain benefits. The appeal was lodged with the Supreme Court of New South Wales, which holds jurisdiction over such matters. The plaintiff sought to challenge the Tribunal's decision on eleven grounds, with the primary contention being whether any of these grounds constituted a question of law that required judicial review.

The court meticulously examined each of the eleven grounds put forward by the plaintiff to determine if any of them indeed constituted a question of law. After thorough consideration, the Court concluded that only one of the grounds raised a question of law. This particular ground pertained to the interpretation of a specific legislative provision. However, the court found that even this question of law did not involve any error on the part of the Tribunal. The court held that the Tribunal's interpretation was consistent with the legislative intent and thus, no error was made.

In light of the findings, the court declined to grant the plaintiff leave to appeal on any ground other than a question of law. Consequently, the appeal was dismissed. The court emphasised the importance of adhering to the established criteria for appeals from the Guardianship Tribunal and reiterated that such appeals should only proceed if they involve a question of law or an error of law by the Tribunal. The court's decision underscored the limited scope of judicial review in such cases, reinforcing the principle that the court's role is to ensure that the Tribunal's decisions are legally sound and free from error.