ZVQ v ZVR [2022] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZVQ v ZVR [2022] NSWCATAP 33 Hearing dates: 14 October 2021, and written submissions 30 November 2021 Date of orders: 08 February 2022 Decision date: 08 February 2022 Jurisdiction: Appeal Panel Before: Armstrong J, President A Britton, Deputy President Decision: The appeal proceedings 2021/217924 brought by ZVQ are dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: APPEALS – designated external appeal – right of appeal from decision of Mental Health Review Tribunal – persons entitled to make external appeal to NSW Civil and Administrative Tribunal – whether external appeal competent Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Health Legislation Amendment Act (No 2) 2018 (NSW) Interpretation Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health Regulation 2019 (NSW) NSW Trustee & Guardian Regulation 2017 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Protected Estates Act 1983 (NSW) (repealed) Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCAFC 163 Texts Cited: UN Convention on the Rights of Persons with Disabilities Category: Principal judgment Parties: ZVQ (Appellant) ZVR (First Respondent) NSW Trustee & Guardian (Second Respondent) FHC (Third Respondent) Representation: Counsel: C Goodhand (Appellant)