UB v NSW Trustee and Guardian [2010] NSWADTAP 71

Appeal Panel - External

CITATION: UB v NSW Trustee and Guardian [2010] NSWADTAP 71

APPELLANT UB

1st RESPONDENT NSW Trustee and Guardian PARTIES: 2nd RESPONDENT Helen Spinney

3rd RESPONDENT UG

FILE NUMBER: 108004

HEARING DATES: 26 October 2010

SUBMISSIONS CLOSED: 26 October 2010

DATE OF DECISION: 8 November 2010

BEFORE: Hennessy N - Magistrate (Deputy President); Leal S - Judicial Member; Wunsch A - Non-Judical Member

CATCHWORDS: APPEAL – procedural fairness – opportunity to respond to information in medical reports - effective participation in hearing

FILE NUMBER UNDER APPEAL: 2010/86

DATE OF DECISION UNDER APPEAL: 04/09/2010

LEGISLATION CITED : Guardianship Act 1987 Administrative Decisions Tribunal Act 1997

CASES CITED: R v Australian Broadcasting Tribunal, ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13 Kioa v West (1985) 159 CLR 550

APPELLANT M Miceli, solicitor

1st RESPONDENT No appearance REPRESENTATION: 2nd RESPONDENT Ms O Sekulic, agent

3rd RESPONDENT In person

1.The Guardianship Tribunal's orders in relation to UB dated 9 April 2010 are set aside ORDERS: 2. The matter is remitted to the Guardianship Tribunal to be heard and decided again with the hearing of further relevant evidence, if appropriate 3. This decision takes effect on the date the Guardianship Tribunal decides the matter again.