ZVN v ZVO [2022] NSWCATAP 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZVN v ZVO [2022] NSWCATAP 57 Hearing dates: 14 October 2022 Date of orders: 2 March 2022 Decision date: 02 March 2022 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member J S Currie, Senior Member (Legal) J Le Breton, General Member (Community) Decision: (1) Leave to appeal refused. (2) Appeal otherwise dismissed. (3) Time for lodgment of appeal extended to 2 July 2021. (4) ZZG joined as Third Respondent. Catchwords: APPEAL – Guardianship Division – review of Division's decision as to identity of guardian – appellant found to be unsuitable – whether tests of suitability misapplied – procedural fairness – adequacy of reasons for decision – no error of law – appeal dismissed – no grounds for grant of leave to appeal – leave refused. PROCEDURE – Appeal from Guardianship Division – obligation to assist unrepresented appellant in ascertaining or formulating grounds for appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Pt 6 Div 2; ss 38(1)-(3), 38(4), 41, 80, 80(2)(b) Civil and Administrative Tribunal Rules (NSW), rr 25(4)(c), 25(4A) Guardianship Act 1987 (NSW), ss 4, 4(a), 4(c)-(d), 14, 15, 16, 17(1), 17(1)(c) Cases Cited: Baker v David [2015] NSWCA 235 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Resource Pacific Pty Limited v Wilkinson [2013] NSWCA 44 Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206 Stoker v Adecco Gemvale Constructions Pty Ltd & Anor [2004] NSWCA 449 Walsh v Visionstream [2004] NSWCA 104 Whisprun Pty Ltd v Dixon [2003] HCA 48; 77 ALJR 1598 ZGB v ZGC [2018] NSWCATAP 58 at [27]-[30] and ZAN v Public Guardian [2016] NSWCATAP 20 ZTO v Central Coast Local Health District [2021] NSWCATAP 160 Category: Principal judgment Parties: ZVN (Appellant) ZVO (First Respondent) Public Guardian (Second Respondent) ZZG (Third Respondent) Representation: Counsel: P De Dassel (Separate Representative of First Respondent)