GUARDIANSHIP — application in parens patriae jurisdiction to set aside order to set aside orders of Guardianship Tribunal — inherent jurisdiction of Court preserved by s 8, Guardianship Act 1987 — approach exercise of parens patriae jurisdiction as if application were an appeal on a question of law or an application for leave — where no dispute that person in need of a guardian- where Public Guardian appointed as guardian — where family member available — errors of law and errors of process of decision-making of Guardianship Tribunal — Public Guardian should not be appointed in circumstances in which order can properly be made in favour of another person — s 15(3), Guardianship Act 1987 — Guardianship Tribunal failed to make necessary factual findings — Guardianship Tribunal's orders set aside — whether matter should be remitted to the Guardianship Tribunal — further hearing ordered before the court as to who should be appointed guardian — status quo maintained in the interim
Case Details
Citation[2011] NSWSC 1075
CourtNSWSC
JurisdictionNew South Wales
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