ZDP v ZDQ [2017] NSWCATAP 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZDP v ZDQ [2017] NSWCATAP 204 Hearing dates: 01 June 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President C Fougere, Principal Member G Jamieson, Senior Member Decision: (1) Appeal dismissed. Catchwords: APPEAL – Appeal from orders made by Guardianship Division – decision to dismiss application for financial management order – no denial of procedural fairness – decision not against weight of evidence – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), cl 14(1)(b) of Sch 6, ss 36(1), 38(2), 38(5)(c), 80(2)(a)-(b) Guardianship Act 1987 (NSW), s 25G Cases Cited: BTD v NSW Trustee and Guardian [2015] NSWCATAP 87 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 C v W [2015] NSWSC 1774 Coffey v Coffey (No. 2) [2015] NSWSC 338 Collins v Urban [2014] NSWCATAP 17 F v NSW Trustee and Guardian [2017] NSWSC 1319 H v H [2015] NSWSC 837 Italiano v Carbone [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Murphy v Doman (2003) 58 NSWLR 51 Neill v Not [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579 SAB v SEM [2013] NSWSC 253 Scott v Scott [2012] NSWSC 1541 Texts Cited: Nil Category: Principal judgment Parties: ZDP (Appellant) ZDQ (First Respondent) ZDT (Second Respondent) ZDS (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: N Danis (Separate representative) File Number(s): AP 17/02185 Publication restriction: Disclosure of the names of the appellant and the first, second and third respondents 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: 1 December 2016 Before: A Suthers, Senior Member H Creasey, Senior Member L Porter, General Member File Number(s): C/61267