SY v Public Guardian - [2025] NSWCA 148

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: SY v Public Guardian [2025] NSWCA 148
Hearing dates: 4 July 2025
Decision date: 08 July 2025
Before: Leeming JA; Adamson JA
Decision:
(1)   Substitute “Public Guardian” as the first respondent in lieu of “NSW Trustee and Guardian”.
(2)   Refuse leave to appeal.
(3)   Make no order as to costs.

Catchwords:
APPEAL — whether leave to appeal ought be granted from decision of primary judge dismissing appeal from NSW Civil and Administrative Tribunal — no issue of principle, question of public importance or serious injustice demonstrated
GUARDIANSHIP — Public Guardian appointed to VY — decision reviewable in October 2025 — grant of leave not warranted

Legislation Cited:
Civil and Administrative Tribunal Act 2013 (NSW), Sch 6, cl 14
Guardianship Act 1987 (NSW), ss 3, 25, 65, 77

Cases Cited:
Cheng v Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118
GR v Secretary, Department of Communities and Justice [2023] NSWCA 239

Category: Procedural rulings
Parties: SY (Applicant)
Public Guardian (First Respondent)
VY (Second Respondent)
Representation:
Counsel:
Self-represented (Applicant)
B J Dean (First Respondent)
No appearance (Second Respondent)
Solicitors:
Not applicable (Applicant)
Crown Solicitor’s Office (First Respondent)
Not applicable (Second Respondent)

File Number(s): 2025/36456
Publication restriction: Publication or broadcasting of the names of the applicant or the second respondent is prohibited: Civil and Administrative Tribunal Act 2013 (NSW), s 65
Decision under appeal

Court or tribunal:

Supreme Court

Jurisdiction:

Equity - Protective List

Citation:

SY v Public Guardian [2024] NSWSC 1669

Date of Decision:

24 December 2024

Before:

Lindsay J

File Number(s):

2023/462819

JUDGMENT

THE COURT: SY, the applicant (the plaintiff in the Court below) seeks leave to appeal from the orders made by Lindsay J (the primary judge) on 24 December 2024 in the Equity Division of this Court (the Court below) dismissing his amended summons seeking review of orders made by the New South Wales Civil and Administrative Tribunal in its Guardianship Division (NCAT) on 12 April 2024: SY v Public Guardian [2024] NSWSC 1669. On that date, NCAT confirmed the Public Guardian (the first respondent in this Court and the first defendant in the Court below), in the office of guardian for VY (the second respondent in this Court and the second defendant in the Court below), one of the applicant’s sons, for a period of 18 months from the date of the order.
SY commenced the proceedings in NCAT in 2023 which arose from the circumstance that VY was hospitalised in Belgrade, Serbia in a psychotic state. SY sought a guardianship order in respect of VY with a view to facilitating his return to Australia. On 14 December 2023, NCAT made an order appointing the Public Guardian as VY’s guardian for a period of four months. The guardianship order was a limited guardianship order which gave the Public Guardian custody of VY to the extent necessary to carry out the functions of advocacy and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading SY v Public Guardian

Details

AGLC: SY v Public Guardian [2025] NSWCA 148
Case: [2025] NSWCA 148
Decision Date: 08 July 2025

CaseChat Overview and Summary

The appeal concerned an application for leave to appeal from a decision of a primary judge who had dismissed an appeal from the NSW Civil and Administrative Tribunal. The primary dispute involved the appointment of the Public Guardian to VY, with the review of this appointment scheduled for October 2025.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted. This required the court to consider whether the appeal raised an issue of principle, a question of public importance, or demonstrated a serious injustice.

The Court of Appeal reasoned that no such grounds for granting leave had been established. The matter did not present an issue of principle or public importance, nor was there evidence of a serious injustice arising from the primary judge's decision. Consequently, the court concluded that the grant of leave to appeal was not warranted.

The Court of Appeal ordered that "Public Guardian" be substituted as the first respondent in place of "NSW Trustee and Guardian", refused leave to appeal, and made no order as to costs.

Orders

Orders of the court

(1) Substitute “Public Guardian” as the first respondent in lieu of “NSW Trustee and Guardian”.

(2) Refuse leave to appeal.

(3) Make no order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	SY v Public Guardian [2025] NSWCA 148
Hearing dates:	4 July 2025
Decision date:	08 July 2025
Before:	Leeming JA; Adamson JA
Decision:	(1) Substitute “Public Guardian” as the first respondent in lieu of “NSW Trustee and Guardian”. (2) Refuse leave to appeal. (3) Make no order as to costs.
Catchwords:	APPEAL — whether leave to appeal ought be granted from decision of primary judge dismissing appeal from NSW Civil and Administrative Tribunal — no issue of principle, question of public importance or serious injustice demonstrated GUARDIANSHIP — Public Guardian appointed to VY — decision reviewable in October 2025 — grant of leave not warranted
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW), Sch 6, cl 14 Guardianship Act 1987 (NSW), ss 3, 25, 65, 77
Cases Cited:	Cheng v Motor Yacht Sales Australia Pty Ltd t/as The Boutique Boat Company (2022) 108 NSWLR 342; [2022] NSWCA 118 GR v Secretary, Department of Communities and Justice [2023] NSWCA 239
Category:	Procedural rulings
Parties:	SY (Applicant) Public Guardian (First Respondent) VY (Second Respondent)
Representation:	Counsel: Self-represented (Applicant) B J Dean (First Respondent) No appearance (Second Respondent) Solicitors: Not applicable (Applicant) Crown Solicitor’s Office (First Respondent) Not applicable (Second Respondent)
File Number(s):	2025/36456
Publication restriction:	Publication or broadcasting of the names of the applicant or the second respondent is prohibited: Civil and Administrative Tribunal Act 2013 (NSW), s 65
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Equity - Protective List Citation: SY v Public Guardian [2024] NSWSC 1669 Date of Decision: 24 December 2024 Before: Lindsay J File Number(s): 2023/462819