ZBR v ZBS [2016] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZBR v ZBS [2016] NSWCATAP 209 Hearing dates: 22 July 2016 Date of orders: 13 September 2016 Decision date: 13 September 2016 Jurisdiction: Appeal Panel Before: K P O'Connor, AM, ADCJ, Deputy President, Appeals A Boxall, Senior Member J Newman, General Member Decision: Appeal dismissed. Catchwords: GUARDIANSHIP – Order made by Guardianship Division to continue appointment of guardian - Whether non-consideration of request to the Division for separate representative for protected person was procedurally unfair – Whether deferring its hearing and decision in relation to continuing the financial management order led to error – Whether decision in relation to guardianship order failed to take account of conflicts of interest – Adequacy of reasons – Appeal dismissed. Legislation Cited: Guardianship Act 1987 Civil and Administrative Tribunal Act 2013 Cases Cited: A (by his tutor Brett Collins) v Mental Health Review Tribunal (No4) [2014] NSWSC 31 Battenberg v The Union Club [2005] NSWADTAP 20 BTK v The Public Guardian [2015] NSWCATAP 89 Collins v Urban [2014] NSWCATAP 17 Haritos v Commissioner of Taxation [2015] FCAFC 92 IR v AR [2015] NSWSC 1187 Minister for Immigration and Ethnic Affairs v Wu Shan Lian (1996) 185 CLR 259. Mouwad v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 50 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Sikka v Roads and Maritime Services [2013] NSWADTAP 110 W v G [2003] NSWLR 220 Category: Principal judgment Parties: ZBR (Appellant) ZBS (First Respondent) ZBY (Second Respondent) Public Guardian (Third Respondent) Representation: Counsel: M Fraser (Appellant)