ZAH v ZAI [2016] NSWCATAP 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAH v ZAI [2016] NSWCATAP 242 Hearing dates: 6 October 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President J Currie, Senior Member L Porter, General Member (Community) Decision: 1. The Appellant's application for an adjournment of the hearing is refused.

2. Leave is refused for the Appellant to appeal from the decision made on 20 July 2015 to refuse an application for adjournment.

3. The Appellant's application to extend time to lodge appeals from each of the following decisions is refused: a. the financial management order made on 22 December 2014; b. the guardianship order made on 22 December 2014; c. all orders made on 19 January 2015.

4. The appeal from the guardianship order made on 20 July 2015 is dismissed.

5. ZAJ and ZAI's application for costs is dismissed. Catchwords: GUARDIANSHIP – guardianship orders and appointment of guardians – appeals from orders of NSW Civil and Administrative Tribunal – question of law – adjournment request– out of time – costs sought against subject person Legislation Cited: Building Professionals Board v Hans (2008) NSWADTAP 13 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Hadidi v Owners Corporation Strata Plan 84787 [2015] NSWCATAP 74 House v The King [1936] HCA 40; (1936) 55 CLR 499 IF v IG & Ors [2004] NSWADTAP 3 (13 February 2004) J v J [2015] NSWSC 1984 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24. Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 NZN [2014] NSWCATGD 19 (25 March 2014) P v NSW Trustee and Guardian [2015] NSWSC 579 (18 May 2015) TNT Skypak International (Aust) Pty Limited v Commissioner of Taxation (Cth) Walker v Paloma International Pty Ltd [2014] NSWCATAP 111 XC v Protective Commissioner and Ors [2006] NSWADTAP 64 (6 December 2006) Cases Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36, s 41,s 60,s 80 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Guardianship Act 1987 (NSW), ss 3, 4, 14, 17, 25, s 25K NSW Trustee and Guardian Act 2009 (NSW) Category: Principal judgment Parties: ZAH (Appellant) ZAI (First Respondent) ZAK (Second Respondent) ZAJ (Third Respondent) ZCH (Fourth Respondent) NSW Trustee and Guardian (Fifth Respondent) Representation: Solicitors: Jesus' Advocacy International (Appellant) Beazley Boorman Lawyers (First and Third Respondents)