ZOB v ZOC [2020] NSWCATAP 130

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZOB v ZOC [2020] NSWCATAP 130 Hearing dates: 1 April 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member L Pearson, Principal Member B McPhee, Senior Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. Catchwords: APPEAL – Appeal from orders made by Guardianship Division – decision to revoke appointment of private financial manager – decision to appoint NSW Trustee and Guardian – leave to appeal refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 65(3), 80(2)(b); cl 14(1)(b) of Sch 6 Guardianship Act 1987 (NSW), ss 4, 4(a), 4(d), 25U, 25U(4)(b) Powers of Attorney Act 2003 (NSW), s 50(3) Cases Cited: C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 F v NSW Trustee and Guardian [2017] NSWSC 1319 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 KW v Protective Commissioner and Ors [2008] NSWADTAP5 M v M [2013] NSWSC 1495 Neill v Nott [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579 P9/2000 [2011] NSW SC 49 SAB v SEM [2013] NSWSC 253 Texts Cited: Nil Category: Principal judgment Parties: ZOB (Appellant) ZOC (First Respondent) ZOD (Second Respondent) ZOE (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: Nil File Number(s): AP 19/50422 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 Citation: N/A Date of Decision: 13 September 2019 Before: R L Bailey, Senior Member Legal File Number(s): 2018/00072568