ZLU v ZLV [2019] NSWCATAP 248

ZLU v ZLV [2019] NSWCATAP 248

The appeal failed because there was evidence before the Tribunal capable of supporting its conclusion that ZLV was vulnerable and faced a sensible and unacceptable risk of financial exploitation, including bank statements showing unusual withdrawal patterns and ZLV's limited understanding of her financial affairs. The Tribunal was not required to make a positive finding that ZLU had exploited ZLV. The Appeal Panel was also not satisfied that the Tribunal failed to consider ZLV's views; the Tribunal was aware of the enduring power of attorney and it was open to give greater weight to ZLV's welfare and protection from exploitation. The remaining factual grounds did not justify leave to appeal.

Jurisdiction
Australia
Judgment Date
04 October 2019
Procedural Posture
Internal Appeal From a Guardianship Division Financial Management Order / Appeal Panel Decision on Appeal and Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['financial Management Order' 'internal Appeal' 'questions of Law' 'no Evidence Ground' 'leave to Appeal' 'section 4 Guardianship Act Principles' 'protection From Exploitation']
['administrative Law' 'guardianship and Financial Management' 'tribunal Appeals'] ['financial Management Order' 'internal Appeal' 'questions of Law' 'no Evidence Ground' 'leave to Appeal' 'section 4 Guardianship Act Principles' 'protection From Exploitation']

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Procedural Posture

Internal Appeal From a Guardianship Division Financial Management Order / Appeal Panel Decision on Appeal and Leave to Appeal

Legal Issues

  1. 1 ["Whether there was no evidence to support the Tribunal's finding that there was a sensible and unacceptable risk that ZLV was being financially exploited." 'Whether the Tribunal failed to take into account the views of ZLV as required by s 4 of the Guardianship Act 1987 (NSW).' "Whether leave to appeal should be granted on grounds alleging failure to take account of relevant evidence and inaccuracies in the Tribunal's reasons." "Whether the allegation that the Tribunal's sound recording had been edited had merit."]

Ratio Decidendi

The appeal failed because there was evidence before the Tribunal capable of supporting its conclusion that ZLV was vulnerable and faced a sensible and unacceptable risk of financial exploitation, including bank statements showing unusual withdrawal patterns and ZLV's limited understanding of her financial affairs. The Tribunal was not required to make a positive finding that ZLU had exploited ZLV. The Appeal Panel was also not satisfied that the Tribunal failed to consider ZLV's views; the Tribunal was aware of the enduring power of attorney and it was open to give greater weight to ZLV's welfare and protection from exploitation. The remaining factual grounds did not justify leave to appeal.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'Appeal is dismissed.']