YHG v Public Guardian [2024] NSWCATAP 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YHG v Public Guardian [2024] NSWCATAP 171 Hearing dates: 13 June 2024 Date of orders: 2 September 2024 Decision date: 02 September 2024 Jurisdiction: Appeal Panel Before: A Britton, Deputy President A Boxall, Senior Member (Legal) L Stewart, General Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: GUARDIANSHIP – review of guardianship order under s 25(2) Guardianship Act 1987 (NSW) –whether Tribunal failed to conduct review afresh PROCEDURAL FAIRNESS – whether Tribunal failed as required by 38(5)(c) of the Civil and Administrative Tribunal Act 2013 (NSW) to ensure that the appellant had a reasonable opportunity to be heard PROCEDURAL FAIRNESS – whether Tribunal failed as required by 38(5)(a) of the NCAT Act to take such measures as are reasonably practicable to ensure that the appellant understood the nature of the review proceedings EVIDENCE – whether Tribunal erred by taking account evidence given/ submission made by a person alleged to have an interest in the outcome of proceedings EXPERT EVIDENCE – whether report prepared by expert was inadmissible because the expert declined to express an opinion about a key issue in dispute Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 38(5)(a), 38(5)(c) 80(2)(b) Guardianship Act 1987 (NSW), ss 3F(3)(c), 4, 14, 14(2), 25(2), 25(2)(b), 25(4), 25C(2) Cases Cited: Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Kudrynski v Orange City Council [2024] NSWCA 33 IF v IG [2004] NSWADTAP 3 Collins v Urban [2014] NSWCATAP 17 AHB v NSW Trustee and Guardian [2017] NSWCATAP 79 Edwards v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCATAP 208 P v NSW Trustee and Guardian [2015] NSWSC 579 ZII v ZIJ [2018] NSWCATAP 255 Texts Cited: None Cited Category: Principal judgment Parties: YHG (Appellant) Public Guardian (First Respondent) YKX (Second Respondent) Representation: Appellant (K Gannaway) (disability advocate) S Nicholls (NSW Public Guardian) (First Respondent) Second Respondent (self represented) File Number(s): 2023/00344413 Publication restriction: Pursuant to s 65 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: 23 September 2023 Before: AT Giurissevich, Senior Member (Legal) J McAuliffe, Senior Member (Professional) W Stahel, General Member (Community) File Number(s): NCAT 2001/00105125