LE v The Public Advocate

The applicant, LE, sought to appeal against orders made by the Guardianship Board in 2019 and 2021 concerning the management of their affairs. The Public Advocate was the respondent. The matter came before the Supreme Court of South Australia.

The primary legal issue before the Court was whether the appeal should be permitted to proceed. Specifically, the Court considered whether there was any practical benefit to entertaining an appeal against the 2019 orders, given that subsequent orders had been made in 2021. The Court also considered the prospects of the applicant being granted leave to appeal.

The Court, per Livesey JA, determined that the appeal was misconceived and lacked utility. It reasoned that any challenge to the 2019 orders would not impact the validity or effect of the 2021 orders, rendering an appeal against the earlier orders futile. Furthermore, the Court found no prospect that the applicant would be granted leave to appeal.

Consequently, the Court ordered that the notice of appeal be struck out pursuant to rule 212.5(2)(b) of the Uniform Civil Rules 2020 (SA).