ZGM v ZGN [2018] NSWCATAP 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZGM v ZGN [2018] NSWCATAP 101 Hearing dates: 24 November 2017 Date of orders: 30 April 2018 Decision date: 30 April 2018 Jurisdiction: Appeal Panel Before: A Britton, Principal Member L Pearson, Principal Member M Wroth, Senior Member Decision: (1) The appeal against the decision made by the Tribunal on 3 July 2017 is dismissed. Catchwords: HUMAN RIGHTS - Tribunals, commissions and other authorities - exercise of discretionary power under s 25M of the Guardianship Act 1987 (NSW)

HUMAN RIGHTS - whether the appellant's suitability to manage the estate of the protected person was a consideration the Tribunal was bound to take into account - whether Tribunal failed to have regard to a relevant consideration - whether the Tribunal had regard to an irrelevant consideration Legislation Cited: Guardianship Act 1987 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Director General Department of Finance & Services v Porter [2014] NSWCATAP 6 Foster v Minister for Customs and Justice [2000] HCA 38; (2000) 200 CLR 442 House v The King [1936] HCA 40; (1936) 55 CLR 499 Khan v Minister for Immigration and Ethnic Affairs [1987] FCA 457; (1987) 14 ALD 291 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180xxx M v M [2013] NSWSC 1495 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NAJT v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 134 (2005) 147 FCR 51 P v NSW Trustee and Guardian [2015] NSWSC 579 ZBC v ZBD [2016] NSWCATAP 264 Sean Investments Pty Ltd v MacKellar [1981] FCA 191; [1981] FCA 174; (1981) 38 ALR 363 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 51 NSWLR 589 at 601 Texts Cited: Judicial Review of Administrative Action and Government Liability (Thomson Reuters, 6th ed, 2017) Category: Principal judgment Parties: ZGM (Appellant) ZGN (First Respondent) Public Guardian (Second Respondent) NSW Trustee and Guardian (Third Respondent) ZGO (Fourth Respondent) Representation: Counsel: S Richardson (Appellant)