ZHH v ZHI [2018] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZHH v ZHI [2018] NSWCATAP 107 Hearing dates: 16 March 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President A Britton, Principal Member M Bolt, General Member Decision: (1) Leave is given to ZHH to be represented by an Australian Legal Practitioner.

(2) The decision under appeal is set aside.

(3) The whole case is to be reconsidered by the Tribunal with further evidence. Catchwords: GUARDIANSHIP – appeal on a question of law – discretion to make a guardianship order – where appellant appointed as enduring guardian – where Tribunal decided to make a guardianship order because it was not possible to make decisions on an informal basis – whether the Tribunal made an error of legal principle - whether Tribunal made findings on material questions of fact – whether Tribunal took into account mandatory considerations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 62, 80(2)(b), 80(3), 81(1) and Sch 6, cl 5 Guardianship Act 1987 (NSW), ss 4, 14, 15(3), 16(1)(a), 33A and 34(1) Cases Cited: C v W [2015] NSWSC 1774 EB & Ors v Guardianship Tribunal [2011] NSWSC 767 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v R (1936) 55 CLR 499 IF v IG [2004] NSWADTAP 3 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 SAB v SEM [2013] NSWSC 253 Texts Cited: Aronson Groves and Weeks, Judicial Review of Administrative Action, (6th ed, 2017, Law Book Company) Category: Principal judgment Parties: ZHH (Appellant) ZHI (First Respondent) ZHJ (Second Respondent) ZHK (Third Respondent) ZHL (Fourth Respondent) Public Guardian (Fifth Respondent) NSW Trustee and Guardian (Sixth Respondent) Representation: Counsel: J Pentelow (Appellant) P Lowson (First and Fourth Respondents)