ZOI v ZOJ [2021] NSWCATAP 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZOI v ZOJ [2021] NSWCATAP 30 Hearing dates: 27 November 2020 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J Kearney, Senior Member M Bolt, General Member Decision: The appeal is dismissed Catchwords: ADMINISTRATIVE LAW – Bias – Actual bias -apprehended bias APPEALS – failure to make finding of fact– failure to consider mandatory considerations – failure to consider statutory principles CIVIL PROCEDURE – Hearings – Procedural fairness Legislation Cited: Civil and Administrative Tribunal Act, 2013 (NSW) Guardianship Act, 1987 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1; [1948] 1 KB 223) Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Bruce v Cole (1998) 45 NSWLR 163 Cominos v Di Rico [2016] NSWCATAP 5 Jia v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 87 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration & Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Oswal v Commissioner of Taxation [2015] FCA 1439 P v NSW Trustee and Guardian [2015] NSWSC 579 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 Skiwing Pty Ltd v Trust Company of Australia [2006] NSWCA 276 ZBC v ZBD [2016] NSWCATAP 264 ZGM v ZGN [2018] NSWCATAP 101 Texts Cited: None cited Category: Principal judgment Parties: ZOI (First Appellant) ZRS (Second Appellant) ZRJ (First Respondent) ZOK (Second Respondent) Public Guardian (Third Respondent) NSW Trustee & Guardian (Fourth Respondent) Representation: Solicitors: ZOI (Self-Represented) ZRS (Self-Represented) ZRJ (Self-Represented) ZOK (Self-Represented) J Falla (Agent) (Third Respondent) M Keogh (Agent) (Fourth Respondent) File Number(s): AP 20/34067 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: Civil and Administrative Tribunal of New South Wales Jurisdiction: Guardianship Division Citation: Nil Date of Decision: 04 August 2020 Before: G Bartley, Senior Member (Legal) File Number(s): 2019/00174215