ZWI v Public Guardian [2022] NSWCATAP 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZWI v Public Guardian [2022] NSWCATAP 84 Hearing dates: 13 January 2022 Date of orders: 17 January 2022 Decision date: 28 March 2022 Jurisdiction: Appeal Panel Before: A Britton, Deputy President J Moir, Senior Member I Beale, General Member Decision: 1. The appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 14 July 2021, is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (lacking in substance). 2. Leave to appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 20 September 2021, is refused. 3. The appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 20 September 2021, is dismissed under s 81 of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: APPEALS — from decision of NCAT under s 25A of Guardianship Act 1987 (NSW) to refuse to review a guardianship order PROCEDURAL FAIRNESS — whether Tribunal failed to give the parties "a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings" as required by Civil and Administrative Tribunal Act 2013 (NSW), s 38(5)(c) PARTIES — parties to proceedings for review of a guardianship order under Guardianship Act 1987 (NSW), s 25 STATUTORY CONSTRUCTION — whether the term "guardianship order" in s 25A of Guardianship Act 1987 (NSW) means "initial order" APPEALS — whether to grant leave to appeal under Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b) APPEALS — whether to deal with appeal by way of new hearing under Civil and Administrative Tribunal Act 2013 (NSW), s 80(3) WORD AND PHRASES — meaning of "fresh evidence" in Civil and Administrative Tribunal Act 2013 (NSW), s 80(3)(a) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 27(1), 32(4)(a), 36(1)-(2), 38(2), 38(5), 38(5)(c), 55(1)(a)-(b), 65(1)-(3), 80(1), 80(2)(b), 80(3); cl 10 of Sch 6, cl 11(1) of Sch 6 Civil and Administrative Tribunal Rules 2014 (NSW) rr 42(1)-(2), 42(5)(d), 42(7)-(8), 65 Guardianship Act 1987 (NSW), ss 3, 3D, 3F, 3F(3), 3F(3)(c), 4, 9, 14, 14(2), 14(2)(a), 14(2)(a)(ii), 14(2)(b)-(d), 15(3), 16, 16(1)(a)-(b), 17, 17(1), 17(1)(b)-(c), 17(2), 18, 24(2)(a), 25, 25(2)(a)-(b), 25A, 25A(b), 25B, 25B(a), 25C, 25C(1)(a), 25C(2)(b), 101; Div 3 of Pt 3 Interpretation Act 1987 (NSW), s 6 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Antonio Di Liristi v NSW Public Trustee and Anor [2021] NSWSC 1347 Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Ltd [2008] HCA 9; 232 CLR 314 BZE v NSW Public Guardian [2015] NSWCATAP 64 Deputy Commissioner of Taxation (NSW) v Mutton (1988) 79 ALR 509 DYH v NSW Trustee and Guardian [2021] NSWCATAD 136 DYH v Public Guardian [2019] NSWCATAD 211 DYH v Public Guardian [2020] NSWCATAD 252 DYH v ZNT [2021] NSWCATAP 140 Federal Commissioner of Taxation v Consolidated Media Holdings (2012) 250 CLR 503; [2012] HCA 55 Legal Services Board v Gillespie-Jones [2013] HCA 35; (2013) 87 ALJR 985 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145; Registrar of Titles (WA) v Franzon [1975] HCA 41; 132 CLR 611 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 SAS Trustee Corporation v Miles (2018) 92 ALJR 1064 [2018] HCA 55 Taylor v Owners – Strata Plan No 11564 [2014] HCA 9; (2014) 253 CLR 531 ZND v ZNE [2020] NSWCATAP 34 Category: Principal judgment Parties: ZWI (First Appellant) ZWJ (Second Appellant) Public Guardian (First Respondent) ZWI (Second Respondent) ZWL (Third Respondent) Representation: In person (First Appellant) No appearance (Second Appellant) B Sutton (First Respondent) No appearance (Second Respondent) In person (Third Respondent) File Number(s): 2021/00273109 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013 (NSW), 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: (1) 14 July 2021 (2) 20 September 2021 Before: (1) K McMahon, Senior Member (2) A Suthers, Principal Member File Number(s): 2018/00049767