ZJA v ZJB [2022] NSWCATAP 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZJA v ZJB [2022] NSWCATAP 20 Hearing dates: 25 November 2021 Date of orders: 27 January 2022 Decision date: 27 January 2022 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member P Molony, Senior Member S Taylor, General Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL - Guardianship Division – appellant sought leave to appeal decision to reappoint Public Guardian as son's guardian – evidence permitted Tribunal to conclude that appellant could not adequately exercise functions of the guardianship order - no basis for leave to appeal - appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 65(3), 80(2)(b) Guardianship Act 1987 (NSW), s 4 Cases Cited: C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 P v NSW Trustee and Guardian [2015] NSWSC 579 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SAB v SEM [2013] NSWSC 253 W v G [2003] NSWSC 1170 Category: Principal judgment Parties: ZJA (Appellant) ZJB (First Respondent) ZKA (Second Respondent) Public Guardian (Third Respondent) Representation: Nil File Number(s): 2021/261260 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: 24 August 2021 Before: S G McCarthy, Senior Member (Legal) L Porter, General Member (Community) File Number(s): 2015/386495