YJB v YJC [2024] NSWCATAP 221

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YJB v YJC [2024] NSWCATAP 221 Hearing dates: 8 August 2024 Date of orders: 14 October 2024 Decision date: 07 November 2024 Jurisdiction: Appeal Panel Before: Seiden SC DCJ, Deputy President A Britton, Deputy President B McPhee, Senior Member (Professional) Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Order 8 made 27 May 2024, as amended on 27 May 2024 under s 63 of the Civil and Administrative Tribunal Act 2013 (NSW), is vacated. Catchwords: GUARDIANSHIP – obligation under s 4(d) of the Guardianship Act 1987 (NSW) to have regard to the views of person with disability – whether Tribunal failed to comply with that obligation 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 – bias – actual basis – whether Tribunal prejudged appellant's suitability to act as guardian LEAVE TO APPEAL – principles – whether circumstances warrant exercise of discretion to grant leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 32, 38(2), 38(5)(c), 45(4)(c), 63, 65(1)(a), 65(2), 65(3), 80(2)(b), 80(3); Sch 6, cls 3(1), 5(1), 10 Guardianship Act 1987 (NSW), ss 3(1), 4, 4(d), 6K(3), 6K(3)(a), 14, 14(1), 14(2)(a)(i), 15(3), 17(1), 17(1)(c) Powers of Attorney Act 2003 (NSW), ss 36, 36(1), 37(1) Cases Cited: Agripower Barraba Pty Ltd v Blomfield (2015) 317 ALR 202; [2015] NSWCA 30 Akins v National Australia Bank (1994) 34 NSWLR 155 Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281 Collins v Urban [2014] NSWCATAP 17 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Kudrynski v Orange City Council [2024] NSWCA 33 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507; [2001] HCA 17 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 SCAA v Minister for Immigration & Multicultural and Indigenous Affairs [2000] FCA 668 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16Agripower Barraba Pty Ltd v Blomfield (2015) 317 ALR 202; [2015] NSWCA 30 Texts Cited: None cited Category: Principal judgment Parties: YJB (Appellant) YJC (First Respondent) YJD (Second Respondent) YJE (Third Respondent) Public Guardian (Fourth Respondent) NSW Trustee and Guardian (Fifth Respondent) Representation: Appellant (self-represented) YJC (self-represented) YJD (self-represented) YJE (no appearance) Public Guardian (no appearance) NSW Trustee and Guardian (no appearance) File Number(s): 2024/00158163 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: 26 February 2024 Before: J Moir, Senior Member (Legal) M Bain, Senior Member (Professional) P Davidson, General Member (Community) File Number(s): 2023/00332195