ZHC v ZHP [2018] NSWCATAP 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZHC v ZHP [2018] NSWCATAP 190 Hearing dates: 5 April 2018 Date of orders: 07 August 2018 Decision date: 07 August 2018 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President M Harrowell, Principal Member A Lowe, General Member Decision: Appeal dismissed Catchwords: APPEAL – appeal of decision of the Guardianship Division – review of an enduring power of attorney – decision to treat as an application for financial management – appeal on a question of law – whether finding that the attorney was in breach of her fiduciary obligations was legally unreasonable – duty not to mix the property of the principal with the attorney's own property – whether there was a failure to take account of the views of the person subject of the application – appointment of family member as manager and undue conflict of interest – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b) Guardianship Act 1987 (NSW), ss 4, 4(e), 25G, 25M, 25M(1), 25R Powers of Attorney Act 2003 (NSW), ss 36, 36(1), 50(3); cl 14(1)(b) of Sch 6 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139C v W [2015] NSWSC 1774 Collins v Urban [2014] NSWCATAP 17 DHQ v DHR [2018] NSWCATAP 128 F v NSW Trustee and Guardian [2017] NSWSC 1319 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 House v The King [1936] HCA 40; (1936) 55 CLR 499 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-6) 162 CLR 24 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Buckley [2013] WTLR 373 SAB v SEM [2013] NSWSC 253 Texts Cited: G E Dal Pont, Powers of Attorney, 2nd ed 2011, LexisNexis Butterworths Category: Principal judgment Parties: ZHC (Appellant) ZHP (First Respondent) ZHD (Second Respondent) NSW Trustee an Guardian (Third Respondent) Representation: M Adams (Separate Representative for ZHP) File Number(s): AP 17/53531 Publication restriction: Disclosure of the names of the appellant, the first and second 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: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Date of Decision: 4 October 2017 Before: R L Bailey, Senior Member (Legal)A M Matheson, Senior Member (Professional)L Porter, General Member (Community) File Number(s): 2017/00196607