DYH v Public Guardian (No 2) [2021] NSWCATAP 400

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYH v Public Guardian (No 2) [2021] NSWCATAP 400 Hearing dates: 10 September 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member Dr J Lucy, Senior Member Decision: 1. The time for the appellants to lodge a Notice of Appeal is extended to 22 June 2021. 2. The disclosure to the appellants of the confidential exhibit, filed by the respondent, is prohibited. 3. The respondent's application for orders under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW) is otherwise dismissed. 4. The disclosure of the names of PQX, DYH, EIV, ENC and the relatives of PQX, referred to in these reasons, is prohibited. 5. Leave to appeal is refused. 6. The appeal is dismissed. 7. Any party who seeks an order for costs is to file any submissions and evidence as to costs, on which the party relies, within 14 days. 8. Any party against whom a costs order is sought is to file any submissions and evidence in response within a further 14 days. 9. The costs applicant may reply within a further 7 days. 10. The parties are to address, in their submissions on costs, whether a hearing of the costs application should be dispensed with. Catchwords: APPEAL – Administrative review of accommodation and access decisions of Public Guardian – Whether decisions contrary to the weight of evidence – Whether Appeal Panel should admit new evidence PRACTICE AND PROCEDURE – Application for non-publication and non-disclosure orders – Where orders sought related to matters outside the scope of the proceedings Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Alam v Insurance and Care NSW [2020] NSWCATAP 215 Collins v Urban [2014] NSWCATAP 17 Destination NSW v Taylor [2019] NSWCATAP 123 DYH v Public Guardian [2021] NSWCATAD 136 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Joel v Commissioner for Fair Trading (No 2) [2021] NSWCATAP 304 Kostov v Ecclesia Housing Limited (No 4) [2018] NSWCATAP 241 Mo v ABC Homes NSW Pty Ltd [2019] NSWCATAP 16 Norsk Dor Pty Limited v Tuxfend Pty Limited [2020] NSWCATAP 183 Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAD 227 QP v RP [2014] NSWCATAP 59 Ros v Commissioner of Police [2020] NSWCATAP 70 Russell v Russell (1976) 134 CLR 495 Thomas v Commissioner of Police, NSW Police Force (No 2) [2019] NSWCATAP 76 ZAC, ZAD, ZAE, v ZAF, NSW Trustee and Guardian, Public Guardian, ZAG [2016] NSWCATAP 110 Category: Principal judgment Parties: DYH (First Appellant) EIV (Second Appellant) ENC (Third Appellant) Public Guardian (Respondent) Representation: Counsel: M Higgins (Respondent)