ZND v ZNE [2020] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZND v ZNE [2020] NSWCATAP 34 Hearing dates: 6 November 2019 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President A Britton, Principal Member M Wroth, Senior Member (Professional) Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. Catchwords: APPEAL— appeal against decision not to exercise the discretion conferred by s 36(1) Powers of Attorney Act 2003 (NSW) to conduct a review of the operation and effect of an enduring power of attorney – factors relevant to the exercise of that discretion

APPEAL — whether the power conferred by 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal with an appeal by way of a new hearing should be exercised

ADMINISTRATIVE LAW — nature of the Tribunal's power to inquire under 38(2), 38(6)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) — whether Tribunal was obliged to exercise those powers

ADMINISTRATIVE LAW — whether decision not to exercise the discretion conferred by s 36(1) of the Powers of Attorney Act to conduct a review of the operation and effect of an enduring power of attorney was "legally unreasonable"

ADMINISTRATIVE LAW — whether the Tribunal failed to consider "relevant and significant material" Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 38(2), 38(6)(a), 46(1)-(2), 48, 48(1), 65(1)-(3), 80(2)(a)-(b), 80(3) Powers of Attorney Act 2003 (NSW), ss 19(1), 33(1), 33(2), 36, 36(1), 36(4), 36(4)(b), 36(4)(e) Cases Cited: Agripower Barraba Pty Ltd v Blomfield (2015) 317 ALR 202; [2015] NSWCA 30 Akins v National Australia Bank (1994) 34 NSWLR 155 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1; [1948] 1 KB 223 Collins v Urban [2014] NSWCATAP 17 GAR v Attorney General of New South Wales (No 2) [2017] NSWCA 314 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Raissis v Anaz [2019] NSWCATAP 25 SAB v SEM and Ors [2013] NSWSC 253 Susan Elizabeth Parker v Margaret Catherine Higgins & Ors [2012] NSWSC 1516 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, 2017, Thomson Reuters) Category: Principal judgment Parties: ZND (Appellant) ZNE (First Respondent) ZNF (Second Respondent) ZNG (Third Respondent) Representation: Solicitors: Appellant (Self Represented) APJ Law (First Respondent)) No Appearance (Second Respondent) Third Respondent (Self Represented) File Number(s): AP 19/36853 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: 13 June 2019 Before: L Organ, Senior Member (Legal)L Houlahan, Senior Member (Professional)R M Fela, General Member (Community) File Number(s): 2019/00080185