ZAU v Public Guardian [2016] NSWCATAP 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAU v Public Guardian [2016] NSWCATAP 53 Hearing dates: 29 January 2015 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President C Fougere, Principal Member S Johnston, General Member (Community) Decision: 1. ZAU's application to lodge an appeal out of time from the Tribunal's decision of 8 May 2015 is refused. 2. ZAU's application for leave to appeal on grounds other than a question of law from the Tribunal's decision of 18 September 2015 is refused. 3. ZAU's appeal from the Tribunal's decision of 18 September 2015 is otherwise dismissed. Catchwords: APPEAL – guardianship orders – challenge to findings of fact adverse to appellant – objection to appointment of Public Guardian instead of appellant as guardian - grounds of appeal of questions of law not articulated by self-represented appellant - Appeal Panel identified possible grounds but no error of law found – application to appeal on grounds other than a question of law refused – appeal otherwise dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 80 Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c) Guardianship Act 1987 (NSW), s 4, 14, 15, 17 and 18 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Hamod v State of New South Wales [2011] NSWCA 375 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Soong v Deputy Commissioner of Taxation [2011] NSWCA 26 XYZ v State Trustees Limited [2006] VSC 444 Category: Principal judgment Parties: ZAU (Appellant) ZAV (1st Respondent) The Public Guardian (2nd Respondent) Representation: Appellant (self-represented) Dr F Ainsworth (guardian ad litem for ZAV) File Number(s): AP 15/58809 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 Before: First decision C Mulvey, Senior Member (Legal)R Curran, Senior Member (Professional)M Oxenham, General Member (Community) Second decision J Moir, Senior Member (Legal)S Flanagan, Senior Member (Professional)S Rylands, General Member (Community) File Number(s): C/59167