ZAW v ZAX & ZAY & ZAZ & New South Wales Trustee and Guardian [2016] NSWCATAP 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAW v ZAX & ZAY & ZAZ & New South Wales Trustee and Guardian [2016] NSWCATAP 163 Hearing dates: 8 April 2016 and 16 June 2016 Date of orders: 25 July 2016 Decision date: 25 July 2016 Jurisdiction: Appeal Panel Before: J Boland ADCJ (Deputy President) C Fougere (Principal Member) Dr G Jamieson (Professional Member) Decision: The appeal is dismissed Catchwords: APPEAL – application to replace financial manager - procedural fairness – new applications received shortly before the hearing considered at the hearing – documents provided to non-party – whether applicant had opportunity to put relevant evidence before Tribunal - whether sufficient weight given to relevant matters and/or conclusion reached not available on the evidence – subject person's cultural background and traditions – proposed manager's financial experience and expertise - no material error of fact – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2014 Guardianship Act 1987 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA33; (1990) 170 CLR 321 Ayoub v CPT Corp Pty Ltd [2015] NSWCATAP 259 C v W [2015] NSWCA 1774 Chan Cuong Su v Public Guardian [2014] NSWCATAP 32 Holt v The Protective Commissioner (1993) 31 NSWLR 227 House v R [1936] HCA 40; 55 CLR 499 Kline v NSW Land and Housing Corporation [2014] NSWCATAP 41 Minister for Border Protection v WZARH [2015] HCA 40 Neill v Not [1994] HCA 23, 121 ALR 148, 68 ALJR 506 Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 Smeaton v Valerius [2015] NSWCATAP 223 Walsh v Visionsteam Pty Ltd [2004] NSWCA 104 Warkwark Mining Limited v Bulga Milbrodale Progress Asscn Inc [2014] NSWCA 105 Waterford v The Commonwealth [1987] HCA 25 (1987) 163 CRL 54 Category: Principal judgment Parties: ZAW v ZAX & ZAY &ZAZ & NSW Trustee and Guardian Representation: ZAW in person No appearance by or on behalf of the first, second, third, and fourth respondent File Number(s): AP 15/62206 Publication restriction: Disclosure of the names of the appellant, the first respondent the second respondent and the third 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: Guardianship Division Jurisdiction: Guardianship Citation: Not applicable Date of Decision: 15 September 2015 Before: J Currie (Senior Member)K Martin (Senior Member –Professional)L Manns (General Member – Community) File Number(s): C/51420