YKD v YKE [2025] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YKD v YKE [2025] NSWCATAP 4 Hearing dates: 21 November 2024 Date of orders: 06 January 2025 Decision date: 06 January 2025 Jurisdiction: Appeal Panel Before: Coleman SC ADCJ, Principal Member C Mulvey, Senior Member M Bolt, General Member Decision: (1) The appeal is dismissed. (2) If the First Respondent seeks any order for costs of the appeal, he is to file and serve written submissions not exceeding 5 pages in length in support of such application and the quantum of any costs sought within one month of the date of the Appeal Panel's order. (3) In the event that the First Respondent seeks an order for costs of the appeal, the Appellant file and serve any written submissions not exceeding 5 pages in length in opposition to such order or the quantum of such order within sixty days of the date of the Appeal Panel's decision Catchwords: APPEAL – No error of law – no new evidence – re-agitation of the same issues GUARDIANSHIP – whether application misconceived – summary dismissal at interlocutory hearing – s 55(1)(b) of the Civil and Administrative Tribunal Act (NSW) 2013 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Edwards v Noble (1971) 125 CLR 296; [1971] HCA 54 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kudrynski v Orange City Council [2024] NSWCA 33 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Schwartz Family Co Pty Limited v Capitol Carpets Pty Limited [2017] NSWCA 223 Stead v State Government Insurance Commission (1986) 161 CLR 141 YBC v YJC [2024] NSWCATAP 221 Category: Principal judgment Parties: YKD (Appellant) YKE (First Respondent) NSW Trustee and Guardian (Third Respondent) Public Guardian (Fourth Respondent) YKG (Fifth Respondent) YKH (Sixth Respondent) Representation: Appellant (self-represented) First respondent (self-represented) File Number(s): 2024/00261494 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: NCAT Jurisdiction: Guardianship Division Date of Decision: 09 May 2024 Before: R H Booby, Principal Member File Number(s): 2017/00240685