ZPP v ZPO [2020] NSWCATAP 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZPP v ZPO [2020] NSWCATAP 288 Hearing dates: 13 August 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member J Kearney, Senior Member F Given, General Member Decision: The appeal is dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – question of law – whether the appellant was denied procedural fairness – hearing rule – whether refusal to grant an adjournment was a failure to afford procedural fairness – McKenzie friend – whether hearing conducted by telephone denied subject person the benefit of McKenzie friend – leave to appeal on other grounds – whether Tribunal erred in not finding power of attorney was a fraudulent document – whether Tribunal had relevant documents before it - no question or principle or policy raised – no manifest error in the decision or decision making process – leave refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 4, 32(4), 38(2), 38(5)(c) 65(1), 80(2), 80(2)(a)-(b), 81 Powers of Attorney Act 2003 (NSW) s 33(3) Cases Cited: Adamson v Ede [2009] NSWCA 379, [59]-[61] Building Professionals Board v Hans (2008) NSWADTAP 13, [54] C v W [2015] NSWSC 1774, [44] Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143, [8] Collins v Urban [2014] NSWCATAP 17, [84] F v NSW Trustee and Guardian [2017] NSWSC 1319, [41] Italiano v Carbone [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 at [13(4)] Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, [40] Neill v Nott [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579, [190]-[198] Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Ritson v Commissioner of Police, New South Wales Police Force [2019] NSWCA 106, [25]-[27] SAB v SEM [2013] NSWSC 253, [8]-[10] Sullivan v Department of Transport (1978) 20 ALR 323, 343 Texts Cited: None cited Category: Principal judgment Parties: ZPP (Appellant) ZPO (First Respondent) ZPQ (Second Respondent) ZPR (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: Appellant (Self Represented) First Respondent (Self Represented) Second Respondent (Self Represented) Third Respondent (Self Represented) Fourth Respondent (Self Represented) File Number(s): AP 20/20530 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: 26 March 2020 Before: R H Booby, Senior Member (Legal) M E Burke, Senior Member (Professional) P Davidson, General Member (Community) File Number(s): 2019/00110340