YFT v YFV [2023] NSWCATAP 336

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YFT v YFV [2023] NSWCATAP 336 Hearing dates: 9 November 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member J Kearney, Senior Member C Kennedy, Senior Member Decision: 1. Appeal dismissed 2. Leave to appeal is refused Catchwords: APPEAL – whether wrong findings made – whether no evidence for findings that NSW Trustee and Guardian investigating alleged financial abuse by sons of Subject P – whether Tribunal member biased - no question of law – leave to appeal refused – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 65(1)(a)-(c), 65(3), 80(2) Civil and Administrative Tribunal Rules 2014 (NSW), cl 25(4) Guardianship Act 1987 (NSW), s 4 Powers of Attorney Act 2003 (NSW), ss 36, 36(4) Cases Cited: Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 BPY v BZQ [2015] NSWCATAP 33 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 House v The King (1936) 55 CLR 499 KEPCO Bylong Australia Pty Ltd v Bylong Valley Protection Alliance Inc [2021] NSWCA 216 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 P v NSW Trustee and Guardian [2015] NSWSC 579 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 Texts Cited: None cited Category: Principal judgment Parties: YFT – Appellant YFV – first Respondent NSW Trustee and Guardian – second Respondent YFW – third Respondent Representation: YFT – self represented YFV – no appearance NSW Trustee and Guardian YFW – self represented File Number(s): 2023/00206830 Publication restriction: The publication of these reasons, or any part of them, either by sound recording or transcript which includes any details that may identify the parties is prohibited Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 17 May 2023 Before: CA Mulvey Senior Member (Legal) File Number(s): 2021/00097528