BZE v NSW Public Guardian [2015] NSWCATAP 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BZE v NSW Public Guardian [2015] NSWCATAP 64 Hearing dates: 6 March 2015 Decision date: 27 March 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President D Robinson Principal Member M Bolt General Member Decision: Leave is granted for BZE to be represented by D Legg, solicitor. The Tribunal's decision is set aside. The Tribunal is directed to reconsider BZG's application for a guardianship order including further evidence if necessary. Catchwords: APPEAL – application for guardianship – whether Tribunal took into account all considerations and principles that it was bound to take into account Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b). Guardianship Act 1987 (NSW), s 3, 4, 14, 21. Cases Cited: Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King [1936] HCA 40; (1936) 55 CLR 499 IF v IG & Ors [2004] NSWADTAP 3 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Category: Principal judgment Parties: BZE (Appellant) NSW Trustee and Guardian (1st Respondent) BZF (2nd Respondent) BZG (3rd Respondent) BZH (4th Respondent) Representation: D Legg (BZE) No appearance (NSW Trustee and Guardian) No appearance (BZF) L Berriman (BZG) No appearance (BZH) File Number(s): 14/56286 Publication restriction: The publication of the name of any of the parties or other people referred to this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Citation: 2014/6713 Date of Decision: 1 October 2014 Before: Ms J McMillan, Dr P Williams, Ms M Williams File Number(s): C/23403