ANI and ANL v NSW Trustee and Guardian [2013] NSWADTAP 21

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ANI and ANL v NSW Trustee and Guardian [2013] NSWADTAP 21 Hearing dates: 10 April 2013 Decision date: 03 May 2013 Before: Magistrate N Hennessy, Deputy President Mr P Molony, Judicial Member Dr Barbara Field, Non-Judicial Member Decision: 1. The appeal on questions of law is dismissed. 2. Leave is refused for the appeal to proceed on any other ground. Catchwords: APPEAL - appeal from Guardianship Tribunal's decisions to make guardianship and financial management orders - whether subject person's views taken into account - whether breach of procedural fairness - whether settlement attempted - whether leave should be granted for appeal to proceed on any other ground Legislation Cited: Administrative Decisions Tribunal Act 1997 Guardianship Act 1987 Cases Cited: Carew v Protective Commissioner [2005] NSWADTAP 13 K v K [2000] NSWSC 1052 KV v Protective & Ors; KW & Ors v KV & Ors (No. 2) [2004] NSWADTAP 48 Lloyd v Veterinary Surgeons Investigating Committee [2005] NSWCA 456 Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601 Northern Territory of Australia v Herbert [2002] NTSC 4 Papakosmas v R (1999) 196 CLR 650 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 153 ALR 490 R v Deputy Industrial Injuries Commissioner; Ex parte Moore [1965] 1 QB 456 Re Pochi and Minister for Immigration and Ethnic Affairs [1979] AATA 64; (1977) 2 ALD 33 Tasker v Fullwood [1978] 1 NSWLR 20 Texts Cited: Aronson, Dyer and Groves, Judicial Review of Administrative Action, Lawbook Co 2009 4th ed Category: Principal judgment Parties: ANI (1st Appellant) ANL(2nd Appellant) NSW Trustee and Guardian (1st Respondent) ANK (2nd Respondent) ANJ (3rd Respondent) Guardianship Tribunal (4th Respondent) APE (5th Respondent) Representation: ANI (In person) ANL (In person) Ms A Sprouster (4th Respondent) File Number(s): 128017 Decision under appeal Citation: 2012/2869 Date of Decision: 2012-09-05 00:00:00 Before: Guardianship Tribunal File Number(s): C/50133