AKX v NSW Trustee and Guardian [2012] NSWADTAP 49

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AKX v NSW Trustee and Guardian [2012] NSWADTAP 49 Hearing dates: 15 October 2012 Decision date: 23 November 2012 Before: Magistrate N Hennessy, Deputy President P Molony, Judicial Member A Wunsch, Non-Judicial Member Decision: 1. The decision of the Guardianship Tribunal to make a guardianship order in relation to AKZ and to appoint ALA and ALC as his guardians is affirmed. 2. The appeal on a question of law is dismissed. 3. Leave is refused for an appeal to proceed on any other ground. Catchwords: EXTERNAL APPEAL - appeal on question of law - procedural fairness - application for leave to extend appeal to the merits of Guardianship Tribunal's decision - fact finding process Legislation Cited: Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Cases Cited: Carew v Protective Commissioner [2005] NSWADTAP 13 GS v Protective Commissioner and Guardianship Tribunal [2003] NSWADT 52 Kioa v West (1985) 159 CLR 550 Northern Territory of Australia v Herbert [2002] NTSC 4 Papakosmas v R (1999) 196 CLR 650 R v Deputy Industrial Injuries Commissioner; Ex parte Moore [1965] 1 QB 456 Re Pochi and Minister for Immigration and Ethnic Affairs (1977) 2 ALD 33 S157/2002 v Commonwealth (2002) 211 CLR 476 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action, Lawbook Co 2009 4th ed N Rees 'Procedure and Evidence in 'Court Substitute' Tribunals' (2006) 28 Australian Bar Review 41 Category: Principal judgment Parties: AKX (First Appellant) AKY (Second Appellant) NSW Trustee and Guardian (First Respondent) ALA (Second Respondent) AKZ (Third Respondent) ALB (Fourth Respondent) ALC (Fifth Respondent) Guardianship Tribunal (Decision Maker) Representation: AKX (In person) AKY (In person) NSW Trustee and Guardian (No appearance) ALA (In person) AKZ (Ms L Barry, guardian ad litem) ALB (No appearance) ALC (In person) Guardianship Tribunal (No appearance) File Number(s): 128011 Decision under appeal Date of Decision: 2012-06-04 00:00:00 Before: Guardianship Tribunal File Number(s): C/48959 - Matter Nos. 2011/8905 and 2011/8906