Re F

[2013] NSWCA 239

Court of Appeal

New South Wales

Case Title:

Re F

Medium Neutral Citation:

[2013] NSWCA 239

Hearing Date(s):

16 July 2013

Decision Date:

26 July 2013

Before:

Leeming JA
Young AJA

Decision:

Summons for leave to appeal dismissed, with no order as to costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

COURTS AND JUDGES - Courts - Allegation of bias - Not established

Legislation Cited:

Guardianship Act 1987

Cases Cited:

ADK v NSW Trustee and Guardian (External) [2011] NSWADTAP 60
Barakat v Goritsas (No 2) [2012] NSWCA 36
Duncan v Ipp [2013] NSWCA 189
Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337
FGE (2) [2012] NSWGT 3
Hetherington-Gregory v All Vehicle Services (No 2) [2012] NSWCA 257
M v Director General, Department of Family and Community Services [2013] NSWCA 118
Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; (2011) 244 CLR 427
Phu v NSW Department of Education and Training [2011] NSWCA 119
Re F [2012] NSWSC 197
Rouvinetis v Knoll [2013] NSWCA 24

Category:

Interlocutory applications

Parties:

F's son (Applicant)
Guardianship Tribunal (Respondent)
Attorney-General (Amicus Curiae)

Representation

- Counsel:

Counsel:
Applicant in person
Submitting appearance (Respondent)
M Dalla-Pozza (solicitor advocate on behalf of the Attorney-General)

- Solicitors:

Solicitors:
Crown Solicitor (Attorney-General)

File Number(s):

2013/60842

Decision Under Appeal

- Before:

White J

- Date of Decision: 

31 January 2013

- Citation:

[2013] NSWSC 54

- Court File Number(s):

2012/330049

Publication Restriction:

Nil

JUDGMENT

1. THE COURT: This is an application for leave to appeal from the dismissal of the applicant's summons on 31 January 2013 by which the applicant challenged orders made by the Guardianship Tribunal (Tribunal) on 16 March 2012 appointing the Public Guardian as Mrs F's guardian for a period of three years to make decisions about her accommodation, her healthcare, medical and dental treatment that she should receive, and those persons who should have access to her and in what circumstances. The plaintiff in the Court below, who is the applicant seeking leave to appeal, is the son of Mrs F.

2. The applicant is self-represented, as he was in the Court below. Having regard to the nature of the allegations made by him, the Attorney-General applied to be heard as amicus curiae and was granted leave pursuant to orders made by Basten JA on 17 June 2013. The Court has benefited from and is grateful for the helpful submissions made on behalf of the Attorney.

3. The procedural and factual background, so far as it appears from the materials available on this application, is as follows. According to the reasons given by the Tribunal, Mrs F…