Tanious v Public Guardian

[2012] NSWCA 165

Court of Appeal

New South Wales

Case Title:

Tanious v Public Guardian

Medium Neutral Citation:

[2012] NSWCA 165

Hearing Date(s):

28 May 2012

Decision Date:

28 May 2012

Jurisdiction:

Before:

Macfarlan JA

Decision:

(1) Direct that the name of the first respondent in the title to the proceedings be changed to the Public Guardian.

(2) Dismiss the appeal.

(3) Order the appellant to pay the respondents' costs of the appeal.

[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:

APPEAL - application for summary dismissal - notice of appeal disclosing no arguable ground of appeal - appeal dismissed pursuant to UCPR r 13.14 - powers of a single judge of appeal - no issue of principle

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Supreme Court Act 1970
Uniform Civil Procedure Rules 2005

Cases Cited:

Australian Executor Trustees Limited v Pachkovski [2011] NSWCA 23

Texts Cited:

Category:

Principal judgment

Parties:

Mofeed Tanious (Appellant)
Judy Hunt (First Respondent)
Irini Moza (Second Respondent)

Representation

- Counsel:

Counsel:
Appellant in person
J McDonnell (Solicitor) (First Respondent)

- Solicitors:

Solicitors:
Appellant in person
Crown Solicitor's Office (First Respondent)

File number(s):

CA 2012/50000

Decision Under Appeal

- Court / Tribunal:

- Before:

Magistrate N Hennessy, Deputy President L Goodchild, Judicial Member M Bolt, Non-Judicial Member

- Date of Decision:

02 February 2012

- Citation:

[2012] NSWADTAP (GD) 3

- Court File Number(s)

119037

Publication Restriction:

JUDGMENT

1. HIS HONOUR: By Notice of Motion filed on 11 April 2012, the Public Guardian, Ms Judy Hunt, seeks an order dismissing the appeal in this matter. I should say at the outset that Ms Hunt should not have been joined as a party to the appeal in her own name rather than that of her office. I will direct therefore that the name of the first respondent to the appeal be changed to the Public Guardian.

2. Mr Tanious brings his appeal pursuant to s 119 of the Administrative Decisions Tribunal Act 1997, which permits him to appeal only "on a question of law." The decision against which he appeals is described in my judgment of 16 March 2012 in this matter ([2012] NSWCA 51).

3. Mr Tanious' grounds of appeal are as follows:

   "(1) On 12-01-2011 the Public Guardian was appointed to make decision on behalf of my father Mr Lawis Moza date of birth 23-01-1921 concerning his accommodation, health care, and medical treatment according to an order from the Guardianship Tribunal for 12 months.

   (2) The Guardianship tribunal order was made on false evidence provided by a doctor specialised in geriatric and thoracic medicine. At the time psychiatrist and psychologist are legally the responsible specialist to report…