ZTO v Central Coast Local Health District [2021] NSWCATAP 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZTO v Central Coast Local Health District [2021] NSWCATAP 160 Hearing dates: 1 February 2021, 15 April 2021 Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Appeal Panel Before: J S Currie, Senior Member J Moir, Senior Member L Porter, General Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – appeal from Guardianship Division- asserted error of law-failure to take into account mandatory consideration in decision to make guardianship and financial management orders – welfare and interests and views of person with a disability- Guardianship Act 1987 s4(a),(d). 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 legally unrepresented appellant in formulation of their case and grounds. Legislation Cited: Administrative Decisions Review Act 1997(NSW), s 58 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 25(4), 25(4A) Guardianship Act 1987 (NSW) ss 4, 14(2), 25G NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Eadie v Harvey [2017] NSWCATAP 201 Mifsud v Campbell (1991) 21 NSWLR 725 Neil v Nott [1994] HCA 23; (1994) 121 ALR 148 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 206 ZAN v The Public Guardian [2016] NSWCATAP 20 ZGB v ZGC [2018] NSWCATAP 58 Texts Cited: None cited Category: Principal judgment Parties: ZTO (Appellant) Central Coast Local Health District(1st Respondent) Public Guardian (2nd Respondent) NSW Trustee and Guardian (3rd Respondent) Representation: S. Stuart (not an Australian lawyer) as Guardian ad Litem ( Appellant) File Number(s): 2020/00371178 (AP 20/49022) 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 individual person involved in the Tribunal's proceedings. The publication of the name of the Appellant 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: Civil and Administrative Tribunal Act 2013, section 65. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Nil Date of Decision: 07 October 2020 Before: J Claridge, Senior Member (Legal) L Anthony, Senior Member (Professional) S Sword, General Member (Community) File Number(s): 2020/00267169