ZPH v ZPI [2020] NSWCATAP 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZPH v ZPI [2020] NSWCATAP 201 Hearing dates: 22 June 2020 Date of orders: 30 September 2020 Decision date: 30 September 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J Kearney, Senior Member M Spencer, General Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. Catchwords: APPEAL — principles applying to granting leave to appeal from decision made by Guardianship Division of the NSW Civil and Administrative Tribunal GUARDIANSHIP — review of enduring guardianship appointment — exercise of the power under 6K of the Guardianship Act 1987 (NSW) to treat a request for review of the appointment of an enduring guardian as an application for a guardianship order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2016 (NSW) Cases Cited: B & L Linings Pty Limited v Chief Commissioner of State Revenue [2008] NSWCA 187 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Commissioner of Police v Mohamed [2009] NSWCA 432 Khan v Kang [2014] NSWCATAP 48 P v NSW Trustee and Guardian [2015] NSWSC 579 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 ZBC v ZBD [2016] NSWCATAP 264 ZGM v ZGN [2018] NSWCATAP 101 Texts Cited: None cited Category: Principal judgment Parties: ZPH (Appellant) ZPI (First Respondent) ZPJ (Second Respondent) NSW Public Guardian (Third Respondent) Representation: Solicitors: Appellant (Self Represented) First Respondent (No Appearance) P J Ellis Solicitors and Attorneys (Second Respondent) Third Respondent (No Appearance) File Number(s): AP 20/18182 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: 09 March 2020 Before: J D'Arcy, Senior Member (Legal) Dr J Hollis, Senior Member (Professional) S Barnes, General Member (Community) File Number(s): 2019/00229516