ZGB v ZGC [2018] NSWCATAP 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZGB v ZGC [2018] NSWCATAP 58 Hearing dates: 07 December 2017 Date of orders: 06 March 2018 Decision date: 06 March 2018 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President C Fougere, Principal Member S Johnston, General Member Decision: (1) Appeal dismissed. Catchwords: APPEAL - Appeal from orders made by Guardianship Division - decision to appoint public guardian - 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 38(2), 38(5)(c), 55(1)(c), 55(2), Guardianship Act 1987 (NSW), s 4 Cases Cited: BTD v NSW Trustee and Guardian [2015] NSWCATAP 87 C v W [2015] NSWSC 1774 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 F v NSW Trustee and Guardian [2017] NSWSC 1319 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Konnings v Commonwealth Bank of Australia [2016] WASCA 122 Italiano v Carbone [2005] NSWCA 177 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1996) 162 CLR 24; [1986] HCA 40 Neill v Not [1994] HCA 23, 68 ALJR 509 P v NSW Trustee and Guardian [2015] NSWSC 579 SAB v SEM [2013] NSWSC 253 Texts Cited: Nil Category: Principal judgment Parties: ZGB (Appellant) ZGC (First Respondent) ZGD (Second Respondent) ZGE (Third Respondent) Public Guardian (Fourth Respondent) Representation: F Ainsworth (Guardian ad Litem for ZGC) File Number(s): AP 17/40610 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: 21 July 2017 Before: B Shipp, Senior Member F Duffy, Senior Member Dr M Spencer, General Member File Number(s): 2017/00196894