DHV v DHW [2018] NSWCATAP 180

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHV v DHW [2018] NSWCATAP 180 Hearing dates: 29 June 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President C Fougere, Principal Member G Jamieson, Senior Member Decision: 1. Leave is refused for the Appellant to appeal on grounds other than questions of law. 2. The appeal is dismissed. Catchwords: APPEAL – where Tribunal refused application to make a financial management order – whether Tribunal erred in law by failing to observe the principles in s 4 of the Guardianship Act 1987 (NSW) – whether leave should be granted to appeal on questions other than questions of law Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80 Guardianship Act 1987 (NSW), ss 4, 25G(b) and (c) Cases Cited: Building Professionals Board v Hans [2008] NSWADTAP 13 Collins v Urban [2014] NSWCATAP 17 DCX v Public Guardian [2017] NSWCATAD 377 P v NSW Trustee and Guardian [2015] NSWSC 579 WL v NSW Trustee and Guardian [2011] NSWADTAP 22 Wright v Ryan & Anor [2005] NSWCA 368 ZCK v NSW Trustee and Guardian [2016] NSWCATAP 200 Texts Cited: Australian Law Reform Commission, Discussion Paper 83, Elder Abuse, December 2016 Category: Principal judgment Parties: DHV (Appellant) DHW (First Respondent) DHX (Second Respondent) DHY (Third Respondent) NSW Trustee and Guardian (Fourth Respondent) Representation: Solicitors: Peter Williams Solicitor (Appellant) Jessep & Storm Solicitors (Second Respondent) File Number(s): AP 18/06302 Publication restriction: The names, or any other identifying information, of any person referred to in these proceedings are not to be published or disclosed. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 15 December 2017 Before: E Cho, Senior Member (Legal)Dr C West, Senior Member (Professional)Dr D Spencer, General Member (Community) File Number(s): 2017/00271981