ZJJ v ZJK [2019] NSWCATAP 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZJJ v ZJK [2019] NSWCATAP 209 Hearing dates: 20 June 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member A Boxall, Senior Member M Bolt, General Member Decision: (1) By the operation of cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW), the appellant is precluded from bringing an internal appeal against the decision made by the Tribunal on 31 October 2018 to make a guardianship order in respect of the Mother. The Appeal is dismissed. (2) Application for leave to appeal the decisions made on 28 February 2019 is refused. (3) Any party seeking to make an application for costs must file and serve their application and short submissions in support of that application within 14 days of the date of this decision. Catchwords: APPEALS — NCAT — whether the Appeal Panel has power to determine an appeal against a decision made by the Guardianship Division of the NCAT where the Supreme Court has dismissed an appeal against that decision

APPEALS — NCAT — principles governing granting leave to appeal an interlocutory decision — whether discretion miscarried

STATUTORY CONSTRUCTION — meaning of the term an appeal to the Supreme Court in cl 12(1)(a) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Registrar of Titles (WA) v Franzon [1975] HCA 41; (1975) 132 CLR 611 Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 6 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198; (2010) 78 NSWLR 704 Texts Cited: None cited Category: Principal judgment Parties: ZJJ (Appellant) ZJK (First Respondent) ZJM (Second Respondent) NSW Trustee and Guardian (Third Respondent) Public Guardian (Fourth Respondent) Representation: Solicitor: Appellant (Self Represented) Respondent (Self Represented) M Street (Second Respondent) File Number(s): AP 19/15406 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 Citation: Nil Date of Decision: 31 October 2018, 28 February 2019 Before: 31 October 2018:R Booby, Senior Member (Legal)M Martin, Senior Member (Professional)S Barnes, General Member 28 February 2019:R Booby, Senior Member (Legal) File Number(s): 2016/0393393