ZRY v NSW Trustee and Guardian & ZRZ [2021] NSWCATAP 181

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZRY v NSW Trustee and Guardian & ZRZ [2021] NSWCATAP 181 Hearing dates: 26 November 2020 and 25 February 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Appeal Panel Before: C P Fougere, Acting Deputy President J Moir, Senior Member M Spencer, General Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – question of law – whether the appellant was denied procedural fairness – whether Tribunal prevented witnesses from taking part – allegation of bias – leave to appeal on other ground – disputed diagnosis of dementia – no question or principle or policy raised – no manifest error in the decision or decision making process – leave refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 4, 32(4), 36(1), 38(2), 38(5)(c), 65(1), 65(3), 80(2), 80(2)(a)-(b), 81, Sch 6 cl14(1)(b) Guardianship Act 1987 (NSW) s 25P(2)(a)-(b), Cases Cited: Adamson v Ede [2009] NSWCA 379, [59]-[61] C v W [2015] NSWSC 1774, [44] Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143, [8] Collins v Urban [2014] NSWCATAP 17, [84] F v NSW Trustee and Guardian [2017] NSWSC 1319, [41] Italiano v Carbone [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 at [13(4)] Neill v Nott [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579, [190]-[198] Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 Ritson v Commissioner of Police, New South Wales Police Force [2019] NSWCA 106, [25]-[27] SAB v SEM [2013] NSWSC 253, [8]-[10] Wootten v Godfrey [2019] NSWCATAP 255 Texts Cited: Nil Category: Principal judgment Parties: ZRY (Appellant) NSW Trustee and Guardian (First Respondent) ZRZ (Second Respondent) Representation: Nil File Number(s): 2020/00371007 (AP 20/36699) 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: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 29 May 2020 Before: R H Booby, Senior Member (Legal) M A Martin, Senior Member (Professional) File Number(s): 2019/00145609