ZAC, ZAD, ZAE, v ZAF, NSW Trustee and Guardian, Public Guardian, ZAG [2016] NSWCATAP 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAC, ZAD, ZAE, v ZAF, NSW Trustee and Guardian, Public Guardian, ZAG [2016] NSWCATAP 110 Hearing dates: 12 February 2016 Date of orders: 23 May 2016 Decision date: 23 May 2016 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President C Fougere, Principal Member M Bolt, General Member Decision: 1. Leave to appeal is refused. 2. Appeal dismissed. Catchwords: APPEAL – fresh evidence on appeal – no question of law – leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 6, cl 10; ss 4, 32(4), 55(1)(a), 80(2)(b), 81, Guardianship Act 1987 (NSW), ss 3F(2)(c), 3F(2)(e), 3F(5)(c), 3F(5)(f), 4, 4(a), 4(g), 25G Powers of Attorney Act 2003 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Gallagher v R [1986] HCA 26; (1986) 160 CLR 392, 402 (Mason and Deane JJ), 399 (Gibbs CJ) QP v RP [2014] NSWCATAP 59 SAB v SEM [2013] NSWSC 253 Texts Cited: Nil Category: Principal judgment Parties: ZAC, ZAD, ZAE (Appellants) ZAF (First Respondent) NSW Trustee and Guardian (Second Respondent) Public Guardian (Third Respondent) ZAG (Fourth respondent) Representation: Mr Stichter – Appellants Ms Lo Presti – First Respondent NSW Trustee and Guardian – no appearance Public Guardian – no appearance ZAG – In person File Number(s): AP 15/45445 Publication restriction: Disclosure of the names of the appellants, the first respondent, and the fourth respondent 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 Citation: Not applicable Date of Decision: 18 May 2015 Before: J Anderson, Senior Member, R Yeoh, Senior Member and E McAlpine, General Member File Number(s): C/58277