YKO v YKS [2025] NSWCATAP 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YKO v YKS [2025] NSWCATAP 29 Hearing dates: 21 November 2024 Date of orders: 12 February 2025 Decision date: 12 February 2025 Jurisdiction: Appeal Panel Before: Coleman SC ADCJ, Principal Member C Mulvey, Senior Member M Bolt, General Member Decision: The appeal is dismissed Catchwords: APPEAL – guardianship – error of law established in part - whether the challenged finding was material to, or likely to have made a difference to, the outcome of the decision under appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (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 Farella v Chief Commissioner of State Revenue [2014] NSWCA 378 Micallef v ICI Australia Operations Pty Limited [2001] NSWCA 274 Reimers v Medical Board of Australia [2024] NSWCA 164 Resource Pacific Pty Limited v Wilkinson [2013] NSWCA 33 Schwartz Family Co Pty Limited v Capital Carpets Pty Limited [2017] NSWA 223 Stead v State Government Insurance Commission (1986) 161 CLR 141 Texts Cited: None cited Category: Principal judgment Parties: YKO (Appellant) YKS (First Respondent) YKP (Second Respondent) NSW Trustee and Guardian (Third Respondent) YKQ (Fourth Respondent) Public Guardian (Fifth Respondent) YKR (Sixth Respondent) Representation: YKO (Appellant) File Number(s): 2024/00271721 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the names of the parties to the proceedings and witnesses in the Tribunal below is prohibited. Decision under appeal Court or tribunal: NCAT Jurisdiction: Guardianship Division Date of Decision: 29 February 2024 Before: R H Booby, Senior Member E Love, Senior Member I Ferreira, General Member File Number(s): 2023/0053394