ZDH v ZDI [2017] NSWCATAP 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZDH v ZDI [2017] NSWCATAP 94 Hearing dates: 14 March 2017 Date of orders: 01 May 2017 Decision date: 01 May 2017 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President C Fougere, Principal Member L Porter, General Member Decision: (1) ZDL is joined to the appeal as an additional respondent; and (2) Appeal dismissed Catchwords: APPEAL – Guardianship Division – Financial management order – s 4(d) of Guardianship Act – principal's wishes as reflected in enduring power of attorney taken into account – no question of law raised - no basis upon which to grant leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 1993 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 SAB v SEM [2013] NSWSC 253 Category: Principal judgment Parties: ZDH (Appellant) ZDI (First Respondent) ZDJ (Second Respondent) ZDK (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) ZDL (Fifth respondent) Representation: Counsel: Mr Fernon (Fifth Respondent)

Solicitors: Mr Carey (Appellant) File Number(s): AP 16/54063 Publication restriction: Disclosure of the names of the appellant, the first, second, third and fifth 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: 8 November 2016 Before: R Bailey, Senior MemberS Thompson, Senior MemberD Crowley, General Member File Number(s): 62890