ZCD v ZCE [2016] NSWCATAP 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZCD v ZCE [2016] NSWCATAP 265 Hearing dates: 6 July 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member A Boxall, Senior Member A Lowe, General Member Decision: 1 In proceedings ZCD v ZCE, ZCF, and Public Guardian (AP 16/19848), the appeal is allowed; 2 The orders of the Guardianship Division made on 23 February 2016 are set aside but not until the time that the Guardianship Division re-determines ZCE's application for a guardianship order in relation to ZCF; 3 The application for a guardianship order is to be reconsidered by the Tribunal with further evidence. Catchwords: APPEAL – appellant appointed as enduring guardian for second respondent– guardianship order made appointing Public Guardian with access and services functions – no adverse findings in relation to appellant – failure to provide adequate reasons for inclusion of services function in guardianship order and appointment of Public Guardian in relation to services function – appeal upheld – application to be reconsidered with further evidence. Legislation Cited: Civil and Administrative Tribunal Act 2014 (NSW), sch 6, cl 5(1), s 41, , 62(3), 80(3)(a), 81 Guardianship Act 1987 (NSW), ss 3, 4, 4(a), 4(e), 6I, 14(1), 14(2), 14(2)(b), 14(2)(c), 14(2)(d), 15(3), 16, 16(1)(c), 16(2), 16(2)(b), 16(3), 17(1), 17(1)(c), 32(4) Civil and Administrative Tribunal Rules 2014 (NSW), r 13, 13(4), 25(4)(c) Cases Cited: BZE v NSW Public Guardian [2015] NSWCATAP 64 C S and M Y v Guardianship Tribunal and Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; 55 CLR 499 IF v IG [2004] NSWADTAP 3 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 John Prendergast & Vanessa Prendergast v Western Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Murray Irrigation Ltd [2014] NSWCATAP 69 Neill v Not [1994] HCA 23 Pollard v RRR Corp [2009] NSWCA 110 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Texts Cited: Nil Category: Principal judgment Parties: ZCD (Appellant) ZCE (First Respondent) ZCF (Second Respondent) Public Guardian (Third Respondent) Representation: ZCD – In person ZCE – In person ZCF – Ms Betty Weule (Guardian ad litem) Public Guardian – No appearance File Number(s): AP 16/19848 Publication restriction: Disclosure of the names of the appellant, the first respondent and second 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: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Date of Decision: 23 February 2016 Before: W Tearle, Senior MemberL Tong, Senior MemberJ Cootes, General Member File Number(s): C/60675