ZEG v ZEK [2017] NSWCATAP 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZEG v ZEK [2017] NSWCATAP 202 Hearing dates: 23 June 2017 and by written submissions received 1 July 2017 and 29 September 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Appeal Panel Before: Boland ADCJ, Deputy President M Schyvens, Deputy President Dr M Wroth, Professional Member Decision: (1) An extension of time to appeal is refused.

(2) Leave to appeal is refused.

(3) The appeal is dismissed. Catchwords: PROTECTIVE JURISDICTION – Appeal against decision of Tribunal to continue appointment of the Public Guardian as guardian for ZEK – No error of law demonstrated. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) NSW Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Burns v O (a Solicitor) [2010] FamCAFC 124 Collins v Urban [2014] NSWCATAP 17 House v King (1936) 55 CLR 499; [1936] HCA 40 John Prendergast & Vanessa Prendergast v Murray Irrigation [2014] NSWCATAP 69 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Neil v Nott [1994] HCA 23 Waterford v Commonwealth (1987) 163 CLR 54 Category: Principal judgment Parties: ZEG (Appellant) ZEK (First Respondent) NSW Trustee & Guardian (Second Respondent) The Public Guardian (Third Respondent) Representation: Self-Represented (Appellant) L Barry, Guardian ad Litem (First Respondent) No appearance by or on behalf of the (Second and Third Respondents) File Number(s): AP 17/08442 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013, a person must not without the consent of the Tribunal, publish, or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. 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. The provision of these reasons (with persons identified) is not intended to be a publication or broadcasting of an official report of the proceedings. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Date of Decision: 8 November 2016 Before: B Shipp, Senior Member File Number(s): C/55300