ZVK v ZVL [2021] NSWCATAP 317

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZVK v ZVL [2021] NSWCATAP 317 Hearing dates: 6 September 2021, and written submissions dated 19 September 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Appeal Panel Before: The Hon J Boland AM, Deputy President A Suthers, Principal Member L Porter, General Member Decision: (1) The application for leave to appeal is dismissed. (2) The appeal is dismissed. Catchwords: APPEALS – from exercise of discretion – question of law – application for leave to appeal against decision of the Guardianship Division Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Civil Procedure Act 2005 (NSW) Convention on the Rights of Persons with Disabilities, United Nations, signed 30 March 2007 (entered into force 3 May 2008) Crimes Act 1900 (NSW) Guardianship Act 1987(NSW) NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gautam v Health Care Complaints Commission [2021] NSWCA 85 John Prendergast & Vanessa Prendergast v Western Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Murray Irrigation Ltd [2014] NSWCATAP 69 Re Kerry (No 2) [2012] NSWCA 127 Re Tracey [2011] NSWCA SAB v SEM & Ors [2013] NSWSC 253 Texts Cited: Emeritus Profession R McCallum AO, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disabilities, "The United Nations Convention on the Rights of Persons with Disabilities: An Assessment of Australia's Level of Compliance" (October 2020) Category: Principal judgment Parties: ZVK (Appellant) ZVL (First Respondent) ZVM (Second Respondent) NSW Trustee and Guardian (Third Respondent) Representation: Not applicable File Number(s): 2021/00187725 Publication restriction: Under s 65 of the Civil and Administrative Tribunal Act 2013 (NSW), a person must not, without the consent of the Tribunal, publish or broadcast the name of any person to whom these proceedings relate, who appears as a witness in these proceedings or who is mentioned or otherwise involved in these proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Date of Decision: 21 April 2021 Before: J Connelly, Senior Member File Number(s): 2019/00338756