ANI and ANL v NSW Trustee and Guardian [2013] NSWADTAP 21

ANI and ANL v NSW Trustee and Guardian [2013] NSWADTAP 21

The Appeal Panel dismissed the appeal because the Guardianship Tribunal took ANK's views into account, gave the appellants a reasonable opportunity to present their case, was not required to advise them to bring specific financial documents or spell out all consequences of appointing the NSW Trustee, and made no error of law concerning settlement. Any failure to use best endeavours to settle under s 66 of the Guardianship Act would not invalidate the final determination. Leave to appeal on other grounds was refused because the appellants did not show that the Tribunal relied on misleading or hearsay evidence, made the alleged incorrect factual findings, or conducted fact finding in an...

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Appeal From Guardianship Tribunal Decisions to Make Guardianship and Financial Management Orders / Appeal Panel Decision on Appeal on Questions of Law and Application for Leave to Appeal on Other Grounds
Outcome
Appeal on questions of law dismissed; leave refused for the appeal to proceed on any other ground.
Legal Topics
['appeal on Questions of Law' 'leave to Appeal on Other Grounds' 'guardianship Orders' 'financial Management Orders' "subject Person's Views" 'procedural Fairness' 'settlement Under Guardianship Act 1987 S 66' 'tribunal Fact Finding']
['administrative Law' 'guardianship' 'financial Management' 'procedural Fairness'] ['appeal on Questions of Law' 'leave to Appeal on Other Grounds' 'guardianship Orders' 'financial Management Orders' "subject Person's Views" 'procedural Fairness' 'settlement Under Guardianship Act 1987 S 66' 'tribunal Fact Finding']

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Procedural Posture

Appeal From Guardianship Tribunal Decisions to Make Guardianship and Financial Management Orders / Appeal Panel Decision on Appeal on Questions of Law and Application for Leave to Appeal on Other Grounds

Legal Issues

  1. 1 ["Whether the Guardianship Tribunal failed to take ANK's views into account when exercising its functions." 'Whether the Guardianship Tribunal breached procedural fairness by not giving the appellants reasonable time to reply, by failing to tell them to bring financial documents, or by failing to explain the practical effect of appointing the Public Guardian and the NSW Trustee.' 'Whether the Guardianship Tribunal failed to attempt conciliation or settlement despite stating that settlement had been attempted.' 'Whether leave should be granted for the appeal to proceed on grounds other than questions of law, including alleged reliance on misleading or hearsay evidence and alleged incorrect factual findings.']

Ratio Decidendi

The Appeal Panel dismissed the appeal because the Guardianship Tribunal took ANK's views into account, gave the appellants a reasonable opportunity to present their case, was not required to advise them to bring specific financial documents or spell out all consequences of appointing the NSW Trustee, and made no error of law concerning settlement. Any failure to use best endeavours to settle under s 66 of the Guardianship Act would not invalidate the final determination. Leave to appeal on other grounds was refused because the appellants did not show that the Tribunal relied on misleading or hearsay evidence, made the alleged incorrect factual findings, or conducted fact finding in an...

Court Disposition

Appeal on questions of law dismissed; leave refused for the appeal to proceed on any other ground.

Orders

  • ['The appeal on questions of law is dismissed.' 'Leave is refused for the appeal to proceed on any other ground.']