ZCV v ZCW [2017] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZCV v ZCW [2017] NSWCATAP 34 Hearing dates: 27 January 2017 Date of orders: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President R Titterton, Senior Member B Field, General Member Decision: 1. The appeal is allowed. 2. A differently constituted Tribunal is to reconsider the Tribunal's decision to appoint ZCW as the financial manager of the estate of ZCX. Catchwords: PROTECTIVE JURISDICTION – financial management order – suitability of person to be appointed as financial manager – findings of fact with no evidence Legislation Cited: Civil and Administrative Tribunal Act 2013, s 32 , s 80, s 81 Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW), s 25 Powers of Attorney Act 2003 (NSW), s 36 Cases Cited: Absolon v NSW TAFE [1999] NSWCA 331 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Minister for Immigration and Ethnic Affairs v Wu Shan Lian [1996] HCA 6; (1996) 185 CLR 259 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: ZCV – Appellant ZCW – First Respondent ZCX – Second Respondent The NSW Trustee and Guardian – Third Respondent Representation: ZCV (self-represented) ZCW (self-represented) ZCX (H Seers, separate legal representative) The NSW Trustee and Guardian (No appearance) File Number(s): AP 16/28891 Publication restriction: It is an offence under s 65(2) of the Civil and Administrative Tribunal Act 2013 to publish or broadcast the name of any person who is mentioned or otherwise involved in these proceedings. Note: A reference to the name of a person includes a reference to any information, picture or 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 Date of Decision: 08 April 2016 Before: R Bailey, Senior Member (Legal)K Martin, Senior Member (Professional)S Rylands, General Member (Community) File Number(s): C/61003