ZTU v ZTV [2021] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZTU v ZTV [2021] NSWCATAP 121 Hearing dates: 9 April 2021 Date of orders: 6 May 2021 Decision date: 06 May 2021 Jurisdiction: Appeal Panel Before: M D Schyvens, Deputy President J S Currie, Senior Member (Legal) B McPhee, Senior Member (Professional) Decision: (1) It must follow from our findings and conclusions above that the appeal should be dismissed and leave to appeal refused. (2) We ordered accordingly. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – appeal from Guardianship Division – guardianship and financial management orders – asserted errors of law – failure to take into account mandatory consideration – suitability and availability of candidate for appointment as guardian and as private financial manager – no error of law established – appeal dismissed – leave to appeal – grounds for grant of leave not established – leave to appeal refused. PROCEDURE – Civil and Administrative Tribunal (NSW) Appeal Panel – appeal from Guardianship Division – obligation to assist unrepresented appellant in formulation of their case – grounds of appeal – grounds for leave to appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(6)(a), 80, 80(2)(b), Pt 6 Div 2 Civil and Administrative Tribunal Rules 2014 (NSW), rr 13(4)(a), 25(4)(c), 25(4A) NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW), s 50(3) Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Eadie v Harvey [2017] NSWCATAP 201 George Papazachariou v Michael Antoun [2015] NSWCATAP 157 Mifsud v Campbell (1991) 21 NSWLR 725 Neil v Nott [1994] HCA 23; (1994) 121 ALR 148 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Rodger v De Gelder [2015] NSWCA 211 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 ZAN v The Public Guardian [2016] NSWCATAP 20 ZGB v ZGC [2018] NSWCATAP 58 Texts Cited: Nil Category: Principal judgment Parties: Appellant (Self-Represented) First Respondent (Self-Represented) Second Respondent (Self-Represented) Third Respondent (No Appearance) Fourth Respondent (No Appearance) Fifth Respondent (No Appearance) Representation: Nil File Number(s): 2021/00056013 (AP 21/00249) Publication restriction: Decisions of the Appeal Panel in respect of orders of the Guardianship Division of the Tribunal have been anonymized to remove any information that may identify any person involved in the Tribunal's proceedings. The publication of the name of any of the parties or other people referred to in this decision including the publication of any information, or other material that identifies them or is likely to lead to their identification, is prohibited: s 65, Civil and Administrative Tribunal Act 2013 (NSW). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Nil Date of Decision: 19 October 2020 Before: K A McMahon, Senior Member (Legal) S Flanagan, Senior Member (Professional) D R Sword, General Member (Community) File Number(s): NCAT 2020/00249417