ZGA v ZFZ [2017] NSWCATAP 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZGA v ZFZ [2017] NSWCATAP 231 Hearing dates: 11 October 2017; date of last submissions - 8 December 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President C Fougere, Principal Member L Porter, General Member Decision: (1) Leave is granted for ZGA to appeal on a question other than a question of law.

(2) The following orders of the Tribunal made on 28 July 2017 are set aside:

(a) The estate of ZFY is subject to management under the NSW Trustee and Guardian Act 2009.

(b) The management of the estate of ZFY is committed to the NSW Trustee and Guardian.

(c) This order be reviewed by the Tribunal within 1 year.

(3) The Tribunal is directed to reconsider the application for a financial management order with further relevant evidence. Catchwords: APPEAL – financial management order – where Tribunal made financial management order and appointed NSW Trustee as manager – where Tribunal failed to make a finding on a critical question of fact -whether leave should be granted to appeal on a question other than a question of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2), s 81 Guardianship Act 1987 (NSW), s 4, s 25G(c), s 25M(1) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: ZGA (Appellant) ZFZ (First Respondent) NSW Trustee & Guardian (Second Respondent) ZFY (Third Respondent) Representation: Counsel: A F Fernon (First Respondent)