YFP v Public Guardian [2023] NSWCATAP 339

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YFP v Public Guardian [2023] NSWCATAP 339 Hearing dates: 9 November 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President J T Kearney, Senior Member C M Kennedy, Senior Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: GUARDIANSHIP — whether the Tribunal misapplied ss 15(3), 17(1) of the Guardianship Act 1987 (NSW) — whether proposed guardian "able to exercise the functions conferred or imposed by the proposed guardianship order" PROCEDURAL FAIRNESS — whether Tribunal complied with obligation "to take such measures as are reasonably practicable to ensure each party had a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings" NCAT Act, s 38(5)(c) Civil and Administrative Tribunal Act 2013 (NSW) PROCEDURAL FAIRNESS — "practical injustice" — whether Tribunal's alleged to afford the appellant a reasonable opportunity to be heard deprived deprive the appellant of the possibility of a successful outcome EVIDENCE — "no evidence " — whether finding was made without evidence LEAVE TO APPEAL — principles governing granting leave to appeal from decision made by Civil and Administrative Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 38(5)(c), 80(2)(b) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1), 15(3), 16(1)(a), 17 (1), 17(1)(b)-(c), 17(2) Cases Cited: Collins v Urban [2014] NSWCATAP 17 IR v AR [2015] NSWSC 1187 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 ZKF v ZKG [2019] NSWCATAP 64 Texts Cited: None cited. Category: Principal judgment Parties: YFP (Appellant) NSW Public Guardian (First Respondent) YFQ (Second Respondent) Representation: YFP (in person) NSW Public Guardian (no appearance) YFQ (no appearance)Nil. File Number(s): 2023/00173615 Publication restriction: Pursuant to s 65(1) 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: 20 April 2023 Before: S Pinto, Senior Member (Legal) Dr H Burnet, Senior Member (Professional) File Number(s): 2021/00167248