ZQP v ZQQ [2020] NSWCATAP 247

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZQP v ZQQ [2020] NSWCATAP 247 Hearing dates: 15 September 2020 Date of orders: 25 November 2020 Decision date: 25 November 2020 Jurisdiction: Appeal Panel Before: Boland ADCJ, Deputy President M D Schyvens, Deputy President Dr M Wroth, Senior Member Decision: (1) The application for an extension of time to appeal is refused. (2) The application for leave to appeal is refused. (3) The appeal is dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – applications to review enduring power of attorney and instrument appointing enduring guardian – alleged failure of Tribunal to take account of evidence – no error made – leave refused – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 81, 81(1)(c) Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c) Guardianship Act 1987 (NSW), ss 6K(1), 6K(1)(b), 14(2), 25G, 36(4)(b) Powers of Attorney Act 2003 (NSW), ss 35(1), 36(4)(b) Cases Cited: Burns v O (a Solicitor) [2010] FamCAFC 124 Collins v Urban [2014] NSWCATAP 17 House v King (1936) 55 CLR 499; [1936] HCA 40 John Prendergast & Vanessa Prendergast v Murray Irrigation [2014] NSWCATAP 69 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Neil v Nott [1994] HCA 23 Texts Cited: Nil Category: Principal judgment Parties: ZQP (Appellant) ZQQ (First Respondent) ZQR (Second Respondent) ZQS (Third Respondent) ZQT (Fourth Respondent) NSW Trustee and Guardian (Fifth Respondent) Public Guardian (Sixth Respondent) Representation: All parties were self-represented. File Number(s): AP 20/26999 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013 (NSW), a person must not without the consent of the Tribunal, publish, or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. The provision of these reasons (with persons identified) is not intended to be a publication or broadcasting of an official report of the proceedings. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Date of Decision: 28 February 2020 Before: A D Suthers, Principal Member Dr B Chenoweth, Senior Member J L Newman, General Member File Number(s): 2019/00298077