ZMZ v NSW Trustee and Guardian [2019] NSWCATAP 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZMZ v NSW Trustee and Guardian [2019] NSWCATAP 276 Hearing dates: 12 November 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Appeal Panel Before: C Fougere, Principal Member A Suthers, Principal Member M Bolt, General Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL – Appeal from orders made by Guardianship Division – decision to confirm financial management order – decision to confirm appointment of NSW Trustee and Guardian – no denial of procedural fairness – balancing of section 4 principles – no failure to give sufficient weight to views of protected person as reflected in enduring power of attorney – leave to appeal refused – appeal dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(5)(c), 38(1), 38(6)(c), 60, 65(1), 65(1)(a)-(c),65(3), 80(2)(a)-(b), Guardianship Act 1987 (NSW), ss 4, 4(d), 25P, 25P(2) Civil and Administrative Tribunal Rules 2014 (NSW), r 38 Cases Cited: C v W [2015] NSWSC 1774 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Italiano v Carbone [2005] NSWCA 177 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Neill v Nott [1994] HCA 23 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6 SAB v SEM [2013] NSWSC 253 Texts Cited: Nil Category: Principal judgment Parties: ZMZ (Appellant) NSW Trustee and Guardian (First Respondent) ZNA (Second Respondent) ZNB (Third Respondent) Representation: Nil File Number(s): AP 19/35550 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: N/A Date of Decision: 09 July 2019 Before: A T Giurissevich, Senior Member Legal File Number(s): 2015/00385264