ZXH v ZXI [2022] NSWCATAP 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZXH v ZXI [2022] NSWCATAP 269 Hearing dates: 5 April 2022 Date of orders: 17 August 2022 Decision date: 17 August 2022 Jurisdiction: Appeal Panel Before: A Britton, Deputy President I Coleman SC ACDJ, Principal Member L Stewart, General Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. Catchwords: GUARDIANSHIP - considerations relevant to appointment of a suitable person as manager of the protected person's estate; or to commit management of the estate to the NSW Trustee and Guardian under Guardianship Act, s 25M GUARDIANSHIP — whether proposed guardian is "able to exercise the functions conferred … by the proposed guardianship order" in s 17(1)(c) of the Guardianship Act 1987 (NSW) EVIDENCE — no evidence —whether the Tribunal made a finding of fact without evidence APPEALS — Civil and Administrative Tribunal Act 2013 (NSW) — nature of obligation to give adequate reasons Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Guardianship Regulation 2016 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 SAB v SEM and Ors [2013] NSWSC 253 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 ZGM v ZGN [2018] NSWCATAP 101 Texts Cited: Nil Category: Principal judgment Parties: ZXI (Appellant) ZWH (First Respondent) Public Guardian (Second Respondent) NSW Trustee and Guardian (Third Respondent) ZXM (Fourth Respondent) ZXN (Fifth Respondent Representation: Appellant (Self Represented) First Respondent (Self Represented) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent) Fourth Respondent (Self Represented) Fifth Respondent (Self Represented) File Number(s): 2022/00002560 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: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 16 November 2021 Before: G Bartley, Senior Member (Legal) Dr F Duffy, Senior Member (Professional) R Royer, General Member (Community) File Number(s): 2021/00194190