ZSJ v ZSK [2021] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZSJ v ZSK [2021] NSWCATAP 144 Hearing dates: 1 December 2020 Date of orders: 1 December 2020 (Orders 1 and 2) 19 May 2021 (Order 3) Decision date: 19 May 2021 Jurisdiction: Appeal Panel Before: A Britton, Principal Member R Booby, Senior Member M Bolt, General Member Decision: 1. Pursuant to s 80(3) of the Civil and Administrative Act 2013 (NSW) the appeal is to be dealt with by way of a new hearing. 2. Pursuant to s 81(1) of the Civil and Administrative Act 2013 (NSW) the decision made by the Tribunal on 4 August 2020 to appoint the NSW Public Guardian as guardian for ZSK with health care and medical/dental consent functions, is varied by substituting ZSJ as guardian for ZSK with health care and medical/dental consent functions. The Appeal Panel notes that this order does not disturb Order 1 made by the Tribunal on 17 September 2020, to consent to special medical treatment (Spectrum Blue Cannabis Oil) being provided to ZSK. 3. The application made by ZSL for the costs of the appeal is refused. Catchwords: APPEAL — whether the discretion to deal with an internal appeal by way of a new hearing can and should be exercised in circumstances where no question of law raised WORDS AND PHRASES — meaning of phrase "able to exercise the functions conferred or imposed by the proposed guardianship order" in s 17(1)(c) of the Guardianship Act 1987 (NSW) COSTS — whether the discretion to award costs should be exercised where a party has conducted the proceedings in a way that unnecessarily disadvantaged another party Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 ZKS v ZKT [2019] NSWCATAP 72 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307 DHQ v DHR [2018] NSWCATAP 128 ZKF v ZKG [2019] NSWCATAP 64 IR v AR [2015] NSWSC 1187 Texts Cited: Nil Category: Principal judgment Parties: ZSJ (Appellant) ZSK (First Respondent, the Subject Person) ZSL (Second Respondent) ZSM (Third Respondent) Public Guardian (Fourth Respondent) Representation: Counsel: P McCafferty QC (Second Respondent) H Clift (Second Respondent)