ZCK v NSW Trustee and Guardian [2016] NSWCATAP 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZCK v NSW Trustee and Guardian [2016] NSWCATAP 200 Hearing dates: 22 August 2016 Date of orders: 07 September 2016 Decision date: 07 September 2016 Jurisdiction: Appeal Panel Before: N Hennessey LCM, Deputy President R Titterton, Senior Member M Bolt, General Member Decision: (1) Leave to appeal on grounds other than a question of law refused. (2) Appeal dismissed. Catchwords: APPEAL - from a decision of the Guardianship Division of the Civil and Administrative Tribunal not to make an order under s 36(2) of the Powers of Attorney Act 2003 (NSW), but pursuant to s 37 of that Act to treat the application for review as an application for a financial management order. APPEAL - from a decision of the Guardianship Division of the Civil and Administrative Tribunal to commit the management of the estate of ZCL to the NSW Trustee and Guardian. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: A v N [2012] NSWSC 353 Building Professionals Board v Hans (2008) NSWADTAP 13 Collins v Urban [2014] NSWCATAP 17 House v R [1936] HCA 40 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Pholi v Wearne [2014] NSWCATAP 78 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: ZCK (Appellant) NSW Trustee and Guardian (1st Respondent) ZCM (2nd Respondent) ZCL (3rd Respondent) Representation: ZCK (self-represented) Trustee and Guardian (no appearance) ZCM (self-represented) ZCL (L Fisher, Guardian ad litem) File Number(s): AP 16/22298 Publication restriction: It is an offence under s 65 of the Civil and Administrative Tribunal Act 2013 (NSW) for a person, except with the consent of the Tribunal, to publish or broadcast the name of any person who appears as a witness before the Tribunal in these proceedings, or who is mentioned or otherwise involved in these proceedings, whether before or after the proceedings are disposed of. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 03 March 2016 Before: Ms Susan Roberts, Senior Member (Legal)Dr Jane McAuliffe, Senior Member (Professional)Ms Kerrie Laurence, General Member, (Community) File Number(s): 2015/10405, 2015/10406