ZMQ v ZMR [2020] NSWCATAP 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZMQ v ZMR [2020] NSWCATAP 25 Hearing dates: 25 October 2019 Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Appeal Panel Before: A Britton, Principal Member L Dive, Senior Member S Johnston, General Member Decision: Appeal is dismissed. Catchwords: POWERS OF ATTORNEY — whether Tribunal failed to determine claim for orders under s 36(4) of the Powers of Attorney Act 2003 (NSW)

POWERS OF ATTORNEY — nature of the obligation owed by attorney to the principal

ADMINISTRATIVE LAW — nature of NCAT's obligation to give reasons for decision — whether Tribunal failed as required to explain its reasoning processes that lead it to the conclusions it made

IRRELEVANT CONSIDERATIONS — whether in exercising the discretion to make, or not to make orders s 36(4) of Powers of Attorney Act the Tribunal had regard to impermissible considerations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Ali v AAI Limited [2016] NSWCA 110 BTH v The Public Guardian [2017] NSWCATAP 10 Casey v Repatriation Commission (1995) 60 FCR 510 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Hospital Products Ltd v United States Surgical Corporation and Others [1984] HCA 64; (1985) 156 CLR 41 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180; (2013) 85 NSWLR 86 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pollard v RRR Corp [2009] NSWCA 110 Soliman v University of Technology, Sydney [2012] FCAFC 146 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Ward v Ward (No 2) [2011] NSWSC 1292 Watson & 2 Ors v Watson [2002] NSWSC 919 Texts Cited: G D Dal Pont, Powers of Attorney, LexisNexis Butterworths Australia, 2015 Category: Principal judgment Parties: ZMQ (Appellant) ZMR (First Respondent) ZMS (Second Respondent) Representation: Counsel: P Barham (Appellant) M Higgins (Second Respondent)