ZZJ v NSW Trustee and Guardian [2022] NSWCATAP 397

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZZJ v NSW Trustee and Guardian [2022] NSWCATAP 397 Hearing dates: 11 October 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Appeal Panel Before: A Britton, Deputy President R Booby, Senior Member M Bolt, General Member Decision: (1) Leave to appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 27 July 2022, is refused. (2) The Appeal Panel declines to exercise the discretion under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal by way of a new hearing the appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 27 July 2022. (3) The appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 27 July 2022, is dismissed under s 81(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: PROCEDURAL FAIRNESS — content of obligation to afford parties 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) PROCEDURAL FAIRNESS — whether Tribunal failed to consider a "substantial, clearly articulated argument relying upon established facts" GUARDIANSHIP — s 17(1) of the Guardianship Act 1987 (NSW) — whether in finding that it was not satisfied that appellant was "able to exercise the functions conferred or imposed by the proposed guardianship order" the Tribunal made a finding based on no evidence APPEALS –principles applying to grant of leave to appeal under Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b) APPEALS – principles applying to exercise of discretion to deal with appeal by way of new hearing under Civil and Administrative Tribunal Act 2013 (NSW), s 80(3) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Antonio Di Liristi v NSW Public Trustee and Anor [2021] NSWSC 1347 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 Collins v Urban [2014] NSWCATAP 17 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 DYH v NSW Trustee & Guardian, FFQ & FFZ [2022] NSWCATAD 297 DYH v NSW Trustee and Guardian [2022] NSWCATAD 150 DYH v Public Guardian [2020] NSWCATAD 252 DYH v Public Guardian [2021] NSWCATAD 136 Goddard Elliott (a firm) v Fritsch [2012] VSC 87 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 M v M [2013] NSWSC 1495 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 W v G [2003] NSWSC 1170 Wang v State of New South Wales [2019] NSWCA 263 Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 ZKF v ZKG [2019] NSWCATAP 64 ZSJ v ZSK [2021] NSWCATAP 144 ZWI v Public Guardian [2022] NSWCATAP 84 Texts Cited: None cited Category: Principal judgment Parties: ZZJ (Appellant) NSW Trustee and Guardian (First Respondent) Public Guardian (Second Respondent) ZZK (Third Respondent) ZZL (Fourth Respondent) ZZM (Fifth Respondent) ZZN (Sixth Respondent) ZZO (Seventh Respondent) Representation: Appellant (Self Represented) Submitting appearance (First Respondent) Submitting appearance (Second Respondent) Third Respondent (Self Represented) Fourth Respondent (Self Represented) No appearance (Fifth Respondent) No appearance (Sixth Respondent) No appearance (Seventh Respondent) File Number(s): 2022/00221535 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: 27 July 2022 Before: L Organ, Senior Member File Number(s): 2018/00049767