ZAR v NSW Trustee and Guardian [2016] NSWCATAP 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAR v NSW Trustee and Guardian [2016] NSWCATAP 88 Hearing dates: 29 February 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President J Lucy, Senior Member B McPhee, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL – procedural fairness – party attended by phone – whether Tribunal should have telephoned her again after further evidence was given – findings without evidence or against the weight of the evidence – relevant considerations - Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38(5), s 80(2)(b) Guardianship Act 1987 (NSW) ss 3, 4, 14, 15(3) and 17(1) Guardianship and Administration Act 1986 (Vic) Powers of Attorney Act 2003 (NSW), s 12(1) Cases Cited: Ansell v Wells (1982) 43 ALR 41 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Collins v Urban [2014] NSWCATAP 17 Donoghoe v Compass Housing Services [2015] NSWCATAP 97 Hamod v State of New South Wales [2011] NSWCA 375 Kendray v New South Wales Land and Housing Corporation [2015] NSWCATAP 139 Kioa v West (1985) 159 CLR 550 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Re Pergamon Press Ltd [1971] Ch 388 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 Re Toohey and Another; Ex parte Meneling Station Pty Ltd and Ors (1982) 44 ALR 62 Sean Investments Pty Ltd v MacKellar [1981] FCA 191; (1981) 38 ALR 363 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 XYZ v State Trustees Limited [2006] VSC 444; (2006) 25 VAR 402 Category: Principal judgment Parties: ZAR (Appellant) NSW Trustee and Guardian (1st Respondent) The Public Guardian (2nd Respondent) ZAT (3rd Respondent) ZAS (4th Respondent) Representation: ZAR (Appellant in person) File Number(s): AP 15/61026 Publication restriction: Disclosure of the names of the appellant and the third and fourth respondents is prohibited. A reference to the name of a person includes a reference to any information, picture or any other material that identifies the person or is likely to lead to the identification of the person. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 29 September 2015 Before: S Burns, Senior Member, LegalProf Lim, Senior Member, ProfessionalC Gerloff, General Member. File Number(s): C/60172 Matter No: 2015/8425