ZKF v ZKG [2019] NSWCATAP 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZKF v ZKG [2019] NSWCATAP 64 Hearing dates: 06 December 2018 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J Moir, Senior Member M Bolt, General Member Decision: (1) The appeal is allowed.

(2) The question of whether the appellant satisfies s 17(1)(c) of the Guardianship Act 1987 (NSW) is remitted to the Tribunal for reconsideration in accordance with these reasons, on the basis of the evidence that was before the Tribunal at the hearing on 20 July 2018 and any fresh evidence, or evidence in addition to or in substitution for the evidence that was before the Tribunal.

(3) The decision to re-appoint the Public Guardian is set aside. This decision will come into effect once the Tribunal reconsiders the question identified in Order 2.

(4) Pursuant to s 35(4)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), ZHG is to be separately represented in the proceedings remitted to the Tribunal. Catchwords: APPEAL — whether the Tribunal misapplied s 17 of the Guardianship Act 1987 (NSW)

WORDS AND PHRASES — meaning of phrase "able to exercise the functions conferred or imposed by the proposed guardianship order" in s 17(1)(c) of the Guardianship Act 1987 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: IR v AR [2015] NSWSC 1187 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 W v G [2003] NSWSC 1170; (2003) 59 NSWLR 220 Category: Principal judgment Parties: ZKF (Appellant) ZKG (First Respondent) ZKH (Second Respondent) Public Guardian (Third Respondent) Representation: M Auld, barrister (Appellant) Delaney Lawyers, solicitor (Appellant) No appearance (First Respondent) In person (Second Respondent) No appearance (Third Respondent) File Number(s): AP 18/42084 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 21 August 2018 Before: B Shipp, Senior Member (Legal) File Number(s): 2017/00270969