BTK v The Public Guardian [2015] NSWCATAP 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BTK v The Public Guardian [2015] NSWCATAP 89 Hearing dates: 6 March 2015 Date of orders: 19 March 2015 Decision date: 12 May 2015 Jurisdiction: Appeal Panel Before: J Redfern, Principal Member P Durack SC, Senior Member S Johnston, General Member Decision: 1. Appeal allowed. 2. Orders set aside and matter remitted to Guardianship Division for reconsideration. Catchwords: APPEAL – applications for guardianship and financial management – applications dismissed – failure to take into account relevant matters in exercise of discretion – failure to provide reasons – applicant excluded from attending the hearing – participation by telephone – procedural fairness Legislation Cited: Civil And Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Anderson v Director-General of the Department of Environment and Climate Change (2008) 163 LGERA 400 BPY v BZQ [2015] NSWCATAP 33 BZE v NSW Public Guardian [2015] NSWCATAP 64 Collins v Urban [2014] NSWCATAP 17 East Australian Pipeline Pty Ltd v Australian Competition and Consumer Commission (2007) 233 CLR 229 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v King (1936) 55 CLR 499 Khan v Kang [2014] NSWCATAP 48 Mentink v Minister for Home Affairs [2013] FCFC 113 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 P v Child Support Registrar [2015] FCA 116 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Tickner v Chapman (1995) 57 FCR 451 at 462 Category: Principal judgment Parties: BTK (the appellant) The Public Guardian (First Respondent) BTL (Second Respondent) BTM (Third Respondent) BTN (Fourth Respondent) Representation: Not applicable File Number(s): AP 14/52653 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 Citation: Not applicable Date of Decision: 05 September 2014 Before: B Crowley, Senior Member; J Wortley, Senior Member; L Porter, General Member File Number(s): C/56723