CKG v Public Guardian [2014] NSWCATAP 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKG v Public Guardian [2014] NSWCATAP 32 Hearing dates: 24 June 2014 Decision date: 10 July 2014 Jurisdiction: Appeal Panel Before: K O'Connor ADCJ, Deputy President M Schyvens, Deputy President Leanne Stewart, General Member Decision: 1. The appeal is allowed on the question of law. 2. Leave to extend the appeal to the merits is refused. 3. The Appeal Panel directs that the order made 24 February 2014 be reviewed by the Tribunal of its own motion as permitted by s 25(1) of the Guardianship Act 1987. 4. The matter is remitted to the Guardianship Division of the Tribunal for that purpose. Catchwords: ADMINISTRATIVE LAW - Civil and Administrative Tribunal (NSW) - appeal - procedure - Guardianship Division hearing - procedural fairness and natural justice - recent receipt of a report negative to the present guardian - relied upon in the reasons for decision not to continue him as guardian - whether guardian had adequate opportunity to respond - raised his concern at hearing - failure to explain to him his right to apply for an adjournment and have application considered - not satisfied that the outcome of the hearing would have been unaffected - appeal allowed, Civil and Administrative Tribunal Act 2013, ss 36(1), 36(4), 38(2), 38(5) considered. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: ADK v NSW Trustee and Guardian [2011] NSWADTAP 60 Collection House Ltd v Taylor [2004] VSC 49 Hess v Public Guardian [2005] NSWADTAP 43 Rajski v Scitec Corporation (19 June 1986, unreported) Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141. Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 Category: Principal judgment Parties: CKG (Appellant) Public Guardian (First Respondent) CKH (Second Respondent) Representation: Legal Aid Commission (Second Respondent) File Number(s): AP 14/0084 Decision under appeal Jurisdiction: 150004 Date of Decision: 24 February 2014 Before: M Staples, Senior Member File Number(s): 2013/1555