YHY v YHZ [2024] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YHY v YHZ [2024] NSWCATAP 117 Hearing dates: 16 May 2024 Date of orders: 16 May 2024 Decision date: 20 June 2024 Jurisdiction: Appeal Panel Before: Armstrong J, President A Britton, Deputy President J Le Breton, General Member Decision: (1) The time for filing the Notice of Appeal is extended to 10 January 2024. (2) The appeal is allowed. (3) The application for review of the guardianship order made on 6 September 2021 (review application) is remitted to a differently constituted Tribunal, with any further evidence in accordance with the directions of the Tribunal. (4) The decision under appeal continues until the review application has been redetermined in accordance with order 3. Catchwords: APPEALS – time extended to file notice of appeal – procedural unfairness established – realistic possibility of a different outcome – appeal allowed GUARDIANSHIP – review of guardianship order – variation of guardianship order PROCEDURAL FAIRNESS – some of party's written material not before the Tribunal due to administrative error - procedural unfairness resulting from administrative error Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Chapman v Nicolosi [No 2] [2023] NSWCATAP 73 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Kudrynski v Orange City Council [2024] NSWCA 33 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610; [2024] HCA 12 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection (2021) CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 276 CLR 80; [2022] HCA 26 Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 88 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Texts Cited: N/A Category: Principal judgment Parties: YHY (Appellant) YHZ (First Respondent) YJB (Second Respondent) Public Guardian (Third Respondent) Representation: YHY (self-represented) YHX (self-represented) File Number(s): 2024/00011630 Publication restriction: Under s 65 of the Civil and Administrative Tribunal Act 2013, 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: 15 November 2023 Before: L Porter, General Member (Community) File Number(s): 2021/00254318