ZTL v ZTM [2021] NSWCATAP 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZTL v ZTM [2021] NSWCATAP 200 Hearing dates: 20 April 2021 Date of orders: 30 June 2021 Decision date: 30 June 2021 Jurisdiction: Appeal Panel Before: R Booby, Senior Member A Boxall, Senior Member M Bolt, General Member Decision: 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 – reasonable opportunity to respond to evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 36, 38, s 45, s 65, s 80 Guardianship Act 1987 (NSW) ss 4, 14 and 17 Cases Cited: Minister for Immigration and Border Protection v WZARH HCA 40 Misrachi v Public Guardian [2019] NSWSC752 ZAR v NSW Trustee and Guardian [2016] NSWCATAP 88 ZCA v NSW Trustee and Guardian [2016] NSWCATAP 192 Texts Cited: Nil Category: Principal judgment Parties: ZTL (Appellant) ZTM (First Respondent) ZTN (Second Respondent) Public Guardian (Third Respondent) Representation: Counsel P Horobin (Appellant)

Solicitors: Makinson d'Apice Lawyers (Appellant) R Wheeler (Separate Representative) (First Respondent) File Number(s): 2020/00371177 (AP 20/48974) 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: 19 October 2020 Before: J Kearney, Senior Member (Legal) L Anthony, Senior Member (Professional) S Barnes, General Member (Community) File Number(s): 2019/00114299