ZCY v ZCZ & Ors [2017] NSWCATAP 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZCY v ZCZ & Ors [2017] NSWCATAP 49 Hearing dates: 21 November 2016 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J Kearney, Senior Member L Porter, General Member Decision: 1. Leave to appeal is granted. 2. Appeal allowed. 3. The decision under appeal made on 29 June 2016 is remitted to the Guardianship Division of NCAT for reconsideration in accordance with these reasons. 4. The decision under appeal is set aside but not until such time as it has been remade by the Guardianship Division. 5. Any party electing to make an application for costs must file and serve that application and submissions in support, within 14 days of the date of this decision. 6. Any party opposing that application(s) must file and serve any submissions in reply within 14 days of receipt of the application(s) and submissions. 7. If a cost application(s) is made, the parties are invited to comment in writing on whether, in their view, application(s) can be adequately dealt with on the basis of written submissions and without a hearing being held. Any comments must be filed and served within 30 days of the date of this decision. Catchwords: APPEAL –– pre-condition to the exercise of the power to renew Guardianship order — principles applying to the exercise of the power to grant leave to appeal — appeal allowed. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Application of SJ [2011] NSWSC 372 Australian Broadcasting Tribunal v Bond [1990] HCA 33 BHP Billiton Ltd v Dunning [2013] NSWCA 421 BPY v BZQ [2015] NSWCATAP 33 Collins v Urban [2014] NSWCATAP 17 DG v Public Guardian [2008] NSWADTAP 58 DL v Public Guardian [2008] NSWADTAP 6 EB v Guardianship Tribunal [2011] NSWSC 767 IF v IG [2004] NSWADTAP 3 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 SAB v SEM [2013] NSWSC 253 Category: Principal judgment Parties: ZCY (Appellant) ZCZ (1st Respondent) ZDA (2nd Respondent) Public Guardian (3rd Respondent) NSW Trustee and Guardian (4th Respondent) Representation: Mr Stephin Hargreave, (Representative for ZCY) P Mathers, solicitor (Separate Representative for ZCY) ZCZ (in person) ZDA (in person) File Number(s): AP 16/38031 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 Date of Decision: 29 June 2016 Before: L Organ ,Senior Member C Pratten, Senior Member D Sword, General Member File Number(s): C/56576