ZDU v ZDV [2017] NSWCATAP 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZDU v ZDV [2017] NSWCATAP 197 Hearing dates: 25 May 2017 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President C Fougere, Principal Member M Bolt, General Member Decision: (1) The appeal is allowed.

(2) The financial management order made by the Tribunal on 21 November 2016 is set-aside.

(3) The application of ZDV requesting the Tribunal make a financial management order in respect of ZDU is dismissed.

(4) The NSW Trustee and Guardian is directed to pay over the estate under management to ZDU. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – application for financial management – question of law – procedural fairness – failure to apply the correct statutory test – s 25G of the Guardianship Act – appeal allowed – application dismissed FINANCIAL MANAGEMENT – statutory test to determine incapacity – role of the general principles in s 4 of the Guardianship Act Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 33, 47, 49ZP Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 38(5)(a), 38(5)(c), 80(2)(b) Guardianship Act 1987 (NSW), ss 3F(4)(e), 3F(5)(b)-(d), 3F(5)(d), 4, 4(a)-(f), 25G, 25G(b)-(c), 25M, Pt 3A Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 WL v NSW Trustee and Guardian [2011] NSWADTAP Re R [2000] NSWSC 886 Texts Cited: Nil Category: Principal judgment Parties: ZDU (Appellant) ZDV (First Respondent) NSW Trustee and Guardian (Second Respondent) ZEF (Third Respondent) Representation: M Seymour (Appellant) J Emmett (First Respondent) No Appearance (Second Respondent) M Seymour (Third Respondent) File Number(s): AP 17/04494 Publication restriction: Under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, publication of the names of the parties, other than the NSW Trustee and Guardian, 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: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Date of Decision: 21 November 2016 Before: A Giurissevich, Senior Member, C Pratten, Senior Member, P Foreman, General Member File Number(s): C/63239