ZLU v ZLV [2019] NSWCATAP 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZLU v ZLV [2019] NSWCATAP 248 Hearing dates: 18 June and 6 August 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Appeal Panel Before: Armstrong J, President M D Schyvens, Deputy President L Porter, General Member Decision: 1. Leave to appeal is refused.

2. Appeal is dismissed. Catchwords: APPEAL – Guardianship Division – internal appeal –financial management order – questions of law – whether there was "no evidence" to support a finding – where Tribunal found there was a "sensible and unacceptable risk" of exploitation – whether the Tribunal took the views of the subject person into account – weighing of s 4 considerations – subject person's views considered – appeal dismissed.

APPEAL – Guardianship Division – internal appeal –financial management order – questions of fact – leave to appeal – whether Tribunal failed to take account of relevant evidence – whether Tribunal's reasons for decision contained inaccuracies – reasons disclosed adequate consideration of relevant evidence – no evidence of inaccuracies in reasons – leave to appeal refused. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 45(4A), 62(3), 65(1)(a), 65(3), 80(2); cls 5(1) of Sch 6, 11(3) of Sch 6 Guardianship Act 1987 (NSW), ss 4, 4(a), 4(d), 4(g), 25M(2); Pts 3, 3A Powers of Attorney Act 2003 (NSW), s 19 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Azzopardi v Tasman UBE Industries Pty Limited (1985) 4 NSWLR 139 C v W [2015] NSWSC 1774 Cominos v Di Rico [2016] NSWCATAP 5 IR v AR [2015] NSWSC 1187 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 L & B Linings Pty Limited v WorkCover Authority of NSW [2012] NSWCA 15 P v NSW Trustee and Guardian [2015] NSWSC 579 Smith & Anor v Collings Homes Pty Ltd & Anor [2004] NSWCA 75 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Texts Cited: Nil Category: Principal judgment Parties: ZLU (Appellant and daughter of ZLV) ZLV (the person who was the subject of the application) ZLW (daughter of ZLV and the applicant in the proceedings at first instance) NSW Trustee and Guardian Representation: ZLU (Self-represented) ZLW (Self-represented) S Stuart, Guardian ad Litem for ZLV File Number(s): AP 19/14873 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: 12 December 2019 Before: C W Murray, Senior Member (Legal)Dr S L Thompson, Senior Member (Professional)R M Zoa-Manga, General Member (Community) File Number(s): 2017/00388051