ZBT v ZBU [2016] NSWCATAP 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZBT v ZBU [2016] NSWCATAP 214 Hearing dates: 6 June 2016, 25 August 2016 Date of orders: 20 September 2016 Decision date: 20 September 2016 Jurisdiction: Appeal Panel Before: K P O'Connor, AM, ADCJ, Deputy President, Appeals Dr J Lucy, Senior Member I Beale, Professional Member Decision: 1. Leave to extend appeal to other grounds refused. 2. Appeal dismissed. Catchwords: GUARDIANSHIP - Appointment of NSW Trustee and Guardian as financial manager of protected person's estate – Appeal by son, the appointed Guardian – supported by separate representative – whether Tribunal failed to consider relevant considerations – whether it failed first to give consideration to the appellant's suitability as financial manager before deciding to appoint the NSW Trustee and Guardian – no errors of law – leave to extend appeal to other grounds – appeal dismissed. Legislation Cited: Guardianship Act 1987 Civil and Administrative Tribunal Act 2013 Cases Cited: Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 Application of O'Hara; Re M [1999] NSWSC 209 Category: Principal judgment Parties: ZBT (Appellant) ZBU (First Respondent) ZBZ (Second Respondent) NSW Trustee and Guardian (Third Respondent) Representation: Solicitors: R C Byrnes (Appellant) File Number(s): AP 16/10594 Publication restriction: The publication of the name of any of the parties or other people referred to this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. See further, Civil and Administrative Tribunal Act 2013, s 65. Decision under appeal Court or tribunal: NSW Civil & Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 13 January 2016 Before: J Moir, Senior Member (Legal), B McPhee, Senior Member (Professional), E McAlpine, General Member (Community) File Number(s): C/61201