YGM v YGN [2024] NSWCATAP 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YGM v YGN [2024] NSWCATAP 14 Hearing dates: 7 December 2023 Date of orders: 02 February 2024 Decision date: 02 February 2024 Jurisdiction: Appeal Panel Before: A Britton, Deputy President J T Kearney, Senior Member Dr M Spencer, General Member Decision: 1. Leave to appeal is refused. 2. Appeal is dismissed. Catchwords: POWERS OF ATTORNEY — reviewable powers of attorney — enduring powers of attorney — whether the Tribunal misapplied s 36(4) of the Powers of Attorney Act 2003 (NSW) APPEALS — findings of fact — whether finding that there was no evidence of "any misconduct mismanagement, maladministration or conflict of interests on the part of the attorneys" constitutes a factual error "unreasonably arrived at" APPEALS — whether to grant leave to appeal under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 65(3), 80(2)(b) Guardianship Act 1987 (NSW), s 25F(d), Pt 3A Powers of Attorney Act 2003 (NSW), ss 11(1), 12(1), 19(1)-(2), 33(1)-(2), 36, 36(1), 36(4), 36(4)(b), 37(1) Residential Tenancies Act 2010 (NSW), ss 11, 115 Cases Cited: BPY v BZQ [2015] NSWCATAP 33 C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 Latimer v Latimer [2022] NSWCATAP 94 Parker v Higgins [2012] NSWSC 1516 Tulloch (deceased) v Braybon (No 2) [2010] NSWSC 650 ZII v ZIJ [2018] NSWCATAP 255 Texts Cited: None cited Category: Principal judgment Parties: YGM (Appellant) YGN (First Respondent) YGO (Second Respondent) YGP (Third Respondent) YGQ (Fourth Respondent) YGR (Fifth Respondent) NSW Trustee and Guardian (Sixth Respondent) Representation: Counsel: A Crossland (Appellant) M Bennett (Second Respondent)