ZBG v NSW Trustee and Guardian [2023] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZBG v NSW Trustee and Guardian [2023] NSWCATAP 47 Hearing dates: 19 January 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President C P Fougere, Principal Member J L Newman, General Member Decision: (1) Leave to appeal against the decision made by the Tribunal on 10 August 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 Tribunal on 10 August 2022. (3) The appeal against the decision made by the Tribunal on 10 August 2022, is dismissed. Catchwords: GUARDIANSHIP – power to revoke a financial management order made under Guardianship Act APPEALS – NCAT – exercise of power conferred by s 80(3) of the Civil and Administrative Tribunal Act 2013 to deal with "internal appeal" by way of a new hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 ZGM v ZGN [2018] NSWCATAP 101 Collins v Urban [2014] NSWCATAP 17 Sheehy v NSW Police Force; Rapisarda v NSW Police Force; Housego v NSW Police Force [2018] NSWCATAP 307 DHQ v DHR [2018] NSWCATAP 128 Texts Cited: None cited Category: Principal judgment Parties: ZBG (Appellant) NSW Trustee and Guardian (Respondent) Representation: Self-Represented (Appellant) No Appearance (Respondent) File Number(s): 2022/00248790 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 Citation: N/A Date of Decision: 10 August 2022 Before: L Organ, Senior Member File Number(s): 2011/00419649