ZUR v ZUS [2021] NSWCATAP 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZUR v ZUS [2021] NSWCATAP 175 Hearing dates: 27 May 2021 Date of orders: 17 June 2021 Decision date: 17 June 2021 Jurisdiction: Appeal Panel Before: A D Suthers, Principal Member J Moir, Senior Member (Legal) J V Le Breton, General Member (Community) Decision: (1) The appeal is allowed. (2) The conduct of the review of the operation and effect of the enduring power of attorney executed by ZUS on 28 November 2017 is remitted to the Tribunal, differently constituted, for determination according to law. (3) A separate representative for ZUS is appointed in the remitted proceedings. Catchwords: APPEAL – Guardianship – review of power of attorney – requirement to engage with the case put by parties Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Jones v Dunkel (1959) 101 CLR 298 The Attorney General against Parnther and Others (1792) 29 ER 632 Waterways Authority v Fitzgibbon [2005] HCA 57; (2005) 221 ALR 402; (2005) 79 ALJR 1816 Texts Cited: None cited Category: Principal judgment Parties: ZUR (Appellant) ZUS (First Respondent and the person who made the power of attorney) ZUT (Second Respondent and attorney) ZUU (Third Respondent and attorney) NSW Trustee and Guardian (Fourth Respondent) Representation: Nil File Number(s): 2021/00056134 (AP 21/09110) 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 Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 11 November 2020 Before: C A Mulvey, Senior Member (Legal) Dr A Baird, Senior Member (Professional) I Ferreira, General Member (Community) File Number(s): 2018/00030194