ZKB v ZKC [2019] NSWCATAP 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZKB v ZKC [2019] NSWCATAP 60 Hearing dates: 12 December 2018 Date of orders: 19 March 2019 Decision date: 19 March 2019 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President J Kearney, Senior Member F Given, General 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 – whether Tribunal failed to make relevant findings of fact – whether Tribunal breached the rules of procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Absolon v NSW TAFE [1999] NSWCA 311 EB & Ors v Guardianship Tribunal & Ors [2011] NSWSC 767 IF v IG & Ors [2004] NSWADTAP 3 Italiano v Carbone [2005] NSWCA 177 KV v Protective & Ors; KW & Ors v KV & Ors (No.2) [2004] NSWADTAP 48 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Refugee Tribunal; ex parte Aala [2000] HCA 57 (2000) 204 CLR 82 ZBR v ZBS [2016] NSWCATAP 209 Texts Cited: Nil Category: Principal judgment Parties: ZKB (Appellant) ZKC (1st Respondent) ZKD (2nd Respondent) ZKE (3rd Respondent) Public Guardian (4th Respondent) NSW Trustee and Guardian (5th Respondent) Representation: Solicitors: Eastern Suburbs Lawyer (ZKB) L Rogers (Separate Representative for ZKC) 1st, 2nd and 3rd Respondents (Self Represented) File Number(s): AP 18/41421 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 27 July 2018 Before: G Bartley, Senior Member (Legal)S Flanagan, Senior Member (Professional)D Sword, General Member (Community) File Number(s): 2018/00137824