ZOL v ZOM [2020] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZOL v ZOM [2020] NSWCATAP 97 Hearing dates: 31 March 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member A Boxall, Senior Member M Bolt, General Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. Catchwords: APPEAL — whether factual finding made in absence of evidence

APPEAL — whether Tribunal failed to give real and genuine consideration to orders sought by applicant

APPEAL — principles applying to granting leave to appeal from decision made by Guardianship Division of the NSW Civil and Administrative Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2017] NSWCATAP 79 Ali v AAI Limited [2016] NSWCA 110 C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321; [2003] HCA 26; 77 ALJR 1088 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 P v NSW Trustee and Guardian [2015] NSWSC 579 Smith & Anor v Collings Homes Pty Ltd & Anor [2004] NSWCA 75 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 ZBC v ZBD [2016] NSWCATAP 264 ZGM v ZGN [2018] NSWCATAP 101 ZII v ZIJ [2018] NSWCATAP 255 Texts Cited: None cited Category: Principal judgment Parties: ZOL (Appellant) ZMM (First Respondent) NSW Trustee and Guardian (Second Respondent) Representation: Solicitors: Appellant (Self Represented)) First Respondent (Self Represented) M Keough (Second Respondent) File Number(s): AP 20/00744 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information, picture or other material that identifies them, or is likely to lead to their identification, is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 3 December 2019 Before: J Moir, Senior Member (Legal) File Number(s): 2017/00210433