ZLE v ZLF [2019] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZLE v ZLF [2019] NSWCATAP 183 Hearing dates: 8 July 2019 Date of orders: 18 July 2019 Decision date: 18 July 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 – leave to appeal – whether the Tribunal made a factual error that was unreasonably arrived at and clearly mistaken – whether error was made in relation to Appellant's suitability to be appointed guardian – no error made – leave refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 65(1), 65(3), 80(2) Guardianship Act 1987 (NSW), s 25P(2) Mental Health Act 2007 (NSW) Cases Cited: Bauskis v Liew [2013] NSWCA 297 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Hamod v State of New South Wales [2011] NSWCA 367 Khan v Kang [2014] NSWCATAP 48 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: ZLE (Appellant) ZLF (First Respondent) ZLS (Second Respondent) NSW Public Guardian (Fourth Respondent) Representation: N/A File Number(s): AP 19/03764 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 Citation: Nil Date of Decision: 1 November 2019 Before: E M Connor, Senior Member (Legal) File Number(s): 2017/00282942