ZNX v ZNY [2020] NSWCATAP 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZNX v ZNY [2020] NSWCATAP 41 Hearing dates: 20 January 2020 Date of orders: 20 January 2020 Decision date: 12 March 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member J Moir, Senior Member J Le Breton, General Member Decision: (1) Leave to appeal is refused (2) The appeal is dismissed Catchwords: APPEAL— appeal against decision to appoint the New South Wales Trustee and Guardian as financial manager — factors considered by the Tribunal in exercise of its discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 41, 65(1), 65(3), 80(2)(b) Guardianship Act 1987 (NSW), ss 4, 15(3), 17(1), 25G, 25M, 41 Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 BPY v BZQ [2015] NSWCATAP 33 Building Professionals Board v Hans [2008] NSWCATAP 13 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 EB v Guardianship Tribunal [2011] NSWSC 767 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 House v The King (1936) 55 CLR 499 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40 P v NSW Trustee and Guardian [2015] NSWSC 579 Slinko v Guardian and Administration Tribunal [2006] QSC 39 Squire v Rogers (1979) 27 ALR 330; (1979) 39 FLR 106 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 Texts Cited: Nil Category: Principal judgment Parties: ZNX (Appellant) ZNY (First Respondent) NSW Trustee & Guardian (Second Respondent) Representation: Solicitors: Appellant (Self Represented) Mr de Dassel (Separate Representative) (First Respondent) NSW Trustee & Guardian (Second Respondent) File Number(s): AP 19/48655 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: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 21 August 2019 Before: P Molony, Senior MemberI Beale, Senior MemberP Davidson, General Member File Number(s): 1997/00067464