ZLT v NSW Trustee & Guardian [2019] NSWCATAP 143

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZLT v NSW Trustee & Guardian [2019] NSWCATAP 143 Hearing dates: 24 May 2019 Date of orders: 06 June 2019 Decision date: 06 June 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President M D Schyvens, Deputy President B McPhee, Senior Member Decision: (1) Appeal dismissed; (2) Leave to appeal is refused. Catchwords: APPEAL – Guardianship Division – application to revoke financial management order - procedural fairness – whether the subject person was denied procedural fairness because they did not have legal representation in the hearing – leave to appeal on error of fact – whether the tribunal made a factual error that was unreasonably arrived at and clearly mistaken – leave refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 65(1), 65(3), 80(2) Guardianship Act 1987 (NSW), s 25P(2) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: ZLT (Appellant) NSW Trustee and Guardian (Respondent) Representation: N/A File Number(s): AP 19/13895 Publication restriction: The publication of the name of any of the parties or other people referred to 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: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 14 February 2019 Before: S G McCarthy, Senior Member (Legal) File Number(s): 2009/00475223