DK v The Public Guardian and RT

[2018] NSWSC 1547

Supreme Court of NSW

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Interrogate

Catchwords

1. Equity
2. › Protective jurisdiction
3. › Parens patriae jurisdiction
4. › Relationship with statutory review processes
5. › Whether exceptional circumstances justified bypassing statutory scheme for review of Public Guardian's decision
6. › Guardianship Act 1987 (NSW), s 80A
7. › Administrative Decisions Review Act 1997 (NSW)
8. › Civil and Administrative Tribunal Act 2013 (NSW), s 34
1. Practice and Procedure
2. › Costs
3. › Protective jurisdiction
4. › Whether general rule that costs follow the event applies in protective proceedings
5. › What costs order is proper in all the circumstances
6. › Civil Procedure Act 2005 (NSW), s 98

Quick Take

The parens patriae jurisdiction will not be exercised to bypass the statutory review process for decisions of the Public Guardian absent exceptional circumstances, even where the parties are ready to proceed and the matter would ultimately reach the Supreme Court. The fact that an incapacitated person is a foreign citizen subject to Australian guardianship by accident does not constitute an exceptional circumstance. The Supreme Court is not a 'no costs' jurisdiction in protective matters; the proper question is what costs order seems proper in all the circumstances.

Case Details

Citation[2018] NSWSC 1547

CourtNSWSC

JurisdictionNew South Wales

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Relies on14

2015P v NSW Trustee and GuardianNSWSC 579
2015CAC v The Secretary, Department of Family and Community ServicesNSWCA 105
2015CAC v Secretary, Department of Family & Community Services (No 2)NSWSC 344
2014CAC v Secretary, Department of Family and Community ServicesNSWSC 1855
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