BTD v NSW Trustee and Guardian [2015] NSWCATAP 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BTD v NSW Trustee and Guardian [2015] NSWCATAP 87 Hearing dates: 8 April 2015 Date of orders: 08 May 2015 Decision date: 08 May 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President D Robinson, Principal Member J Koussa, General Member Decision: (1)The appeal on a question of law is dismissed. (2)Leave is refused for the appellant to appeal on any other ground. Catchwords: GUARDIANSHIP – internal appeal - operation and effect of power of attorney – question of law - procedural fairness – evidence adduced from person in absence of other parties – appeal on 'other grounds' – weight of evidence - incorrect evidence and mistakes of fact - further evidence - Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Category: Principal judgment Parties: BTD NSW Trustee and Guardian BTE BTF BTG Representation: BTD (Applicant in person) BTG (4th Respondent) File Number(s): 14/60558 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 Division Date of Decision: 22 October 2014 Before: S BurnsC WestM Williams File Number(s): C 56/068