ZGV v ZGT [2018] NSWCATAP 55

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZGV v ZGT [2018] NSWCATAP 55 Hearing dates: 30 January 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Jurisdiction: Appeal Panel Before: K O'Connor AM, ADCJ, Deputy President, Appeals J McAteer, Senior Member J Koussa, General Member Decision: (1) Appeal dismissed. Catchwords: GUARDIANSHIP – Person in need of guardian – In full time care – Carer applies to be appointed guardian – Tribunal refuses as not satisfied an appointment should be made – Whether failed to take into account relevant matters – Whether decision manifestly unreasonable – Whether reasons adequate – Section 14(2) discretion flexible – Though Tribunal initially misdescribed the nature of its task, it did have regard to the considerations mandated by s 14(2) and did perform the task required by s 14(2) – No failure to take account of relevant matters – decision not unreasonable – reasons adequate – Appeal dismissed. Guardianship Act 1987, s 14(2), s 4. Legislation Cited: Guardianship Act 1987 Civil and Administrative Tribunal Act 2013 Cases Cited: IF v IG & Ors [2004] NSWADTAP 3 House v R [1936] HCA 40; (1936) CLR 499 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 Minister for Mental Health v A [2017] NSWCA 288 Sikka v Roads and Maritime Services (GD) [2013] NSWADTAP 28 Collins v Urban [2014] NSWCATAP 17 P v NSW Trustee and Guardian [2015] NSWSC 579 Category: Principal judgment Parties: ZGV (Appellant) ZGT (First Respondent) Public Guardian (Second Respondent) NSW Trustee & Guardian (Third Respondent) Representation: Counsel: D Eardley (Appellant)