ZXA v ZXB [2022] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZXA v ZXB [2022] NSWCATAP 97 Hearing dates: 11 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member (Legal) R Booby, Senior Member (Legal) S Johnston, General Member (Community) Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: APPEAL – Guardianship – appeal from decision appointing NSW Trustee & Guardian as financial manager – whether applicant for order had standing – whether decision made without evidence – whether decision against the weight of evidence or failed to take into account relevant considerations – no error – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 Guardianship Act 1987 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: ZXA (Appellant) ZXB (First Respondent) ZXC (Second Respondent) NSW Trustee & Guardian (Third Respondent) Representation: Solicitor: P Mulherin (Appointed Separate Representative) (Appellant) First Respondent (self-represented) Second Respondent (self-represented) Third Respondent (by her officer) File Number(s): 2021/00343915 Publication restriction: Decisions of the Appeal Panel in respect of orders of the Guardianship Division of the Tribunal have been anonymized to remove any information that may identify any private person involved in the Tribunal's proceedings. The publication of the name of any of the parties or other people referred to in this decision other than the NSW Trustee and Guardian, including the publication of any information or other material that identifies them or is likely to lead to their identification, is prohibited: Civil and Administrative Tribunal Act 2013, section 65. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 26 October 2021 Before: J Moir, Senior Member (Legal) S E Taylor, Senior Member (Professional) P J McGirr, General Member (Community) File Number(s): 2021/00115261