ZUZ v ZVA [2022] NSWCATAP 79

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZUZ v ZVA [2022] NSWCATAP 79 Hearing dates: 12 July 2021 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member D Charles, Senior Member M Oxenham, General Member Decision: 1. Leave to appeal is refused. 2. The appeal is dismissed. Catchwords: APPEAL – Guardianship Division – review of operation and effect of enduring power of attorney - whether 66G Conveyancing Act 1919 (NSW) misapplied – whether Attorney denied procedural fairness as a result of bias – leave to appeal sought on other grounds - whether Tribunal made factual errors of such significance that would be unjust to allow finding of breach of fiduciary duty to stand – leave refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss s 38(2), 65(1), 65(3), 80(2)(b) Conveyancing Act 1919 (NSW), ss 7(1), 37A, 66F(1), 66G, 66G(1) NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW), ss 7(1), 9(1), 12, 36, 36(1)-(2), 36(4), 37, 50(3) Cases Cited: Anderson v Anderson [2016] NSWSC 1204 C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 DHQ v DHR [2018] NSWCATAP 128 F v NSW Trustee and Guardian [2017] NSWSC 1319 GFN [2021] NSWCATGD 7 Hospital Products Ltd v United States Surgical Corporation and Others [1984] HCA 64 John Prendergast & Vanessa Prendergast v Western KEPCO Bylong Australia Pty Ltd v Bylong Valley Protection Alliance Inc [2021] NSWCA 216 Murray Irrigation Ltd [2014] NSWCATAP 69 Neill v Nott [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579 Pascoe v Dyason [2011] NSWSC 1217 Ross v Ross [2010] NSWCA 301 SAB v SEM [2013] NSWSC 253 SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2000] FCA 668 Smith v Smith [2017] NSWSC 408 The Estate of Weiss (Dec'd) [1962] P 136 Wootten v Godfrey [2019] NSWCATAP 255. ZND v ZNE [2020] NSWCATAP 3 ZTO v Central Coast Local Health District [2021] NSWCATAP 160 Texts Cited: GD Dal Pont, Law of Agency, 2nd ed, 2008, Lexis Nexis, Butterworths Australia GD Dal Pont, Powers of Attorney, 2nd Ed, 2015, Lexis Nexis, Butterworths Australia Category: Principal judgment Parties: ZUZ (Appellant) ZVA (First Respondent) ZVB (Second Respondent) NSW Trustee and Guardian (Third Respondent) Representation: Nil File Number(s): 2021/127709 Publication restriction: Pursuant to s 65(1) of the Civil and Administrative Tribunal Act 201, 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: [2021] NSWCATGD 7 Date of Decision: 1 April 2021 Before: PH Molony, Senior Member E Love, Senior Member M McCalman, General Member File Number(s): 2014/384479