ZII v ZIJ [2018] NSWCATAP 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZII v ZIJ [2018] NSWCATAP 255 Hearing dates: 1 June 2018 Date of orders: 29 October 2018 Decision date: 29 October 2018 Jurisdiction: Appeal Panel Before: C P Fougere, Principal Member D A Robertson, Senior Member J V Le Breton, General Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: Appeal – Guardianship Division – review of revocation of enduring power of attorney – review of making of enduring power of attorney – review of enduring guardianship - presumption of capacity – whether or not principal had mental capacity to revoke and/or make enduring power of attorney – fact finding not undertaken in unorthodox manner – no denial of procedural fairness – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 32(4), 38(2), 38(5)(c), 45(4), 80(2)(a)–(b) Guardianship Act 1987 (NSW), ss 4, 4(d), 6I(1) Powers of Attorney Act 2003 (NSW), ss 3A, 11(2), 12(2), 36(3), 36(3)(a), 50(3) Cases Cited: BTD v NSW Trustee and Guardian [2015] NSWCATAP 87 C v W [2015] NSWSC 1774 Coffey v Coffey (No. 2) [2015] NSWSC 338 Collins v Urban [2014] NSWCATAP 17 Gibbons v Wright (1954) 91 CLR 423 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1996) 162 CLR 24; [1986] HCA 40 Neill v Nott [1994] HCA 23 Murphy v Doman (2003) 58 NSWLR 51 P v NSW Trustee and Guardian [2015] NSWSC 579 SAB v SEM [2013] NSWSC 253 Scott v Scott [2012] NSWSC 1541 Szodza v Szozda [2010] NSWSC 804 ZBC v ZBD [2016] NSWCATAP 264 Texts Cited: Nil Category: Principal judgment Parties: ZII (Appellant) ZIJ (First Respondent) ZIK (Second Respondent) ZIL (Third Respondent) ZIM (Fourth Respondent) NSW Trustee and Guardian (Fifth Respondent) Representation: Counsel: Mr B Fogarty (Separate Representative for the First Respondent) File Number(s): AP 18/12464 Publication restriction: Disclosure of the names of the appellant and the first, second, third and fourth 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: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: Not applicable Before: E Cho, Senior MemberF Duffy, Senior MemberR M Fela, General Member File Number(s): 2017/00240685