ERA v NSW Trustee and Guardian [2022] NSWCATAP 100

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERA v NSW Trustee and Guardian [2022] NSWCATAP 100 Hearing dates: 17 September 2021 Date of orders: 04 April 2022 Decision date: 04 April 2022 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member Dr J Lucy, Senior Member Decision: (1) Disclosure of the name of the appellant is prohibited. (2) Disclosure of the name of the appellant's partner, EPX, is prohibited. (3) To the extent necessary, the time for making an appeal against the decision of the Tribunal made on 21 May 2021 is extended to 22 June 2021. (4) Leave to appeal is granted. (5) The appeal is dismissed. Catchwords: APPEAL – Where Tribunal summarily dismissed appellant's application on jurisdictional grounds - Whether leave should be granted to appeal interlocutory decision – Whether respondent had made reviewable decisions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) NSW Trustee and Guardian Act 2009 (NSW) NSW Trustee and Guardian Regulation 2017 (NSW) Cases Cited: BDK v Department of Education [2015] NSWCATAP 129 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Garry Pickering v Michael Munchol Yi and Heeja Yi [2015] NSWCATAP 161 Category: Principal judgment Parties: ERA (Appellant) NSW Trustee and Guardian (Respondent) Representation: Solicitors: Appellant self-represented NSW Trustee and Guardian Legal (Respondent) File Number(s): 2021/178782 Publication restriction: Disclosure of the names of the appellant and his partner is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: N/A Date of Decision: 25 May 2021 Before: J McAteer, Senior Member File Number(s): 2021/65968