YCS v YCW [2023] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YCS v YCW [2023] NSWCATAP 183 Hearing dates: 27 April 2023 Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President L Organ, Senior Member F Given, Community Member Decision: (1) Leave to appeal is refused. (2) Appeal dismissed. Catchwords: APPEALS – no evidence to support findings of fact – material which Tribunal may take into account – whether finding of fact is "illogical" "irrational" GUARDIANSHIP – Tribunal – requirement for Guardianship Division of NCAT to give written reasons for decision – adequacy of reasons for making of a decision to revoke enduring power of attorney GUARDIANSHIP – nature of obligation for the Guardianship Division of NCAT to have regard to the views of the subject person APPEALS – NCAT – factors relevant to granting leave to appeal from a decision made by the Guardianship Division of NCAT under s 80(2) Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 62(3), 65(1), 80(2)(b), 81(1)(e), cl 11 of Sch 5, cl 11 of Sch 6 Guardianship Act 1987 (NSW), ss 3 (1), 4, 4(d)-(e), 17(1), 25G Powers of Attorney Act 2003 (NSW), ss 36(1), 36(4), 36(4)(f) Cases Cited: AHB v NSW Trustee and Guardian [2017] NSWCATAP 79 Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 BHP Billiton Ltd v Dunning [2015] NSWCA 55 C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 P v NSW Trustee and Guardian [2015] NSWSC 579 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260 ZII v ZIJ [2018] NSWCATAP 255 ZKF v ZKG [2019] NSWCATAP 64 Texts Cited: None cited. Category: Principal judgment Parties: YCS (Appellant) YCW (First Respondent) YCT (Second Respondent) YCV (Third Respondent) NSW Public Guardian (Fourth Respondent) NSW Trustee and Guardian (Fifth Respondent) Representation: Hansons Lawyers (Appellant) First Respondent (Self Represented) Second Respondent (Self Represented) Third Respondent (Self Represented) NSW Public Guardian (Fourth Respondent) Fifth Respondent (No Appearance) File Number(s): 2023/00002248 Publication restriction: 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: 21 December 2022 Before: J Moir, Senior Member (Legal) M J Staples, Senior Member (Professional) M Watson, General Member (Community) File Number(s): 2022/00035370