ZHA v ZGZ [2018] NSWCATAP 249

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZHA v ZGZ [2018] NSWCATAP 249 Hearing dates: 19 April 2018 Date of orders: 19 October 2018 Decision date: 19 October 2018 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President K Rosser, Principal Member Emeritus Professor P J Foreman, General Member Decision: (1) The extension of time application to lodge the appeal under s 41 of the Civil and Administrative Tribunal Act 2013 is refused. (2) The appeal is dismissed. Catchwords: APPEAL – Guardianship Division – review of revocation of enduring power of attorney – extension of time application – length of delay – inadequate explanation of delay – prospects of success – extension of time refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 80(2)(b) Civil and Administrative Tribunal Rules 2015 (NSW), r 25(4) Powers of Attorney Act 2003 (NSW), s 36 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Collins v Urban [2014] NSWCATAP 17 Gibbons v Wright (1954) 91 CLR 423 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Nanschild v Pratt [2011] NSWCA 85 T & S Nominees Pty Ltd v Chief Commissioner of State revenue [2017] NSWCATAP 6 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Principal judgment Parties: ZHA (Appellant) ZGZ (First Respondent) HB (Second Respondent) ZHQ (Third Respondent) ZHR (Fourth Respondent) Representation: Counsel: P Lowson (Appellant) H Altan (First Respondent)