ZAG v NSW Trustee and Guardian [2016] NSWCATAP 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAG v NSW Trustee and Guardian [2016] NSWCATAP 19 Hearing dates: 2 November 2015 Date of orders: 02 November 2015 Decision date: 21 January 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President M Schyvens, Deputy President B McPhee, Senior Member Decision: 1. The time for lodging the appeal is extended to 31 July 2015. 2. Appeal upheld. 3. The orders made by the Guardianship Division on 4 May 2015 are set aside. 4. The matter is remitted to be reconsidered by the Tribunal with further evidence. 5. Order 2 does not come into effect until the Guardianship Division re-determines the application. Catchwords: APPEAL – procedural fairness – 2 days' notice of hearing inadequate – urgency does not justify short notice - failure to adequately disclose material prior to hearing – failure to suggest an adjournment STATUTORY INTERPRETATION – meaning of phrase "given reasons for the decision" in r 25(4)(c) of the Civil and Administrative Tribunal Rules 2014 – applicability of posting rule presumption Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Italiano v Carbone and Ors [2005] NSWCA 177 Kioa v West (1985) 159 CL `R 550 Mahon v Air New Zealand Ltd [1983] UKPC 29; [1984] AC 808 Melville and Ors v Townsville CC [2003] QCA 456 Re O'Connell and Secretary, Department of Social Security (1991) 23 ALD 408 Re Refugee Tribunal; ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Ogawa v Minister for Immigration and Citizenship (2011) 199 FCR 51 Pilbara Aboriginal Land Council Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 103 FCR 539 Soong v Deputy Commissioner of Taxation [2011] NSWCA 26 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action, (5th ed 2013, Lawbook Co) DC Pearce and RS Geddes, Statutory Interpretation in Australia, (8th ed 2014, LexisNexis Butterworths) Category: Principal judgment Parties: ZAG (Appellant) NSW Trustee and Guardian (1st Respondent) Public Guardian (2nd Respondent) ZAQ (3rd Respondent) Representation: Solicitors: Legal Aid NSW (Appellant) Family and Community Services (3rd Respondent) File Number(s): AP 15/46103 Publication restriction: Internal appeal decisions from Guardianship Division proceedings are anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: s 65 of the Civil and Administrative Tribunal Act 2013 (NSW). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 4 May 2015 Before: A. BeckettF. DuffyJ. Koussa File Number(s): C/59068 2015/2907