YDC v YDD [2023] NSWCATAP 340

YDC v YDD [2023] NSWCATAP 340

The appeal was dismissed because the Appeal Panel was not satisfied that the Tribunal made any error of law. The Tribunal applied the correct guardianship principles, considered the evidence about the Cousin's suitability, accommodation issues, conflict of interest, the Subject Person's views and family dynamics, and was entitled to find that the Cousin met s 17(1) and that s 15(3) precluded appointment of the Public Guardian. The Appellant was given a reasonable opportunity to respond to the NDIS Support Coordinator's evidence, the 2020 report was not before the Tribunal and was not relevant adverse material in the review, the Appellant did not establish that he was a statutory party to...

Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Internal Appeal From Guardianship Division Statutory Review Decision / Appeal Panel Decision
Outcome
The appeal is dismissed.
Legal Topics
['reappointment of Private Guardian' 'appointment of Public Guardian' 'questions of Law on Internal Appeal' 'mandatory Considerations Under Guardianship Act 1987 (nsw)' 'natural Justice' 'conflict of Interest']
['guardianship' 'administrative Law' 'procedural Fairness'] ['reappointment of Private Guardian' 'appointment of Public Guardian' 'questions of Law on Internal Appeal' 'mandatory Considerations Under Guardianship Act 1987 (nsw)' 'natural Justice' 'conflict of Interest']

Case Brief

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Procedural Posture

Internal Appeal From Guardianship Division Statutory Review Decision / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal failed to apply the legal principles in W v G [2003] NSWSC 1170 when reappointing the Cousin as guardian rather than appointing the Public Guardian.' "Whether the Tribunal failed to consider the Cousin's insight, plans and ability to act objectively and without conflict of interest as discussed in P v D1 & Ors [2011] NSWSC 257." "Whether the Tribunal denied procedural fairness by not offering an adjournment to respond to the NDIS Support Coordinator's oral evidence." 'Whether procedural fairness was denied by failure to provide a 2020 report of Dr Kwan.' 'Whether the Appellant was wrongly excluded from earlier proceedings as a statutory party said to have care of the Subject Person.' 'Whether the Tribunal failed to take into account mandatory considerations under ss 4(g) and 14(2)(a)-(b) of the Guardianship Act 1987 (NSW).']

Ratio Decidendi

The appeal was dismissed because the Appeal Panel was not satisfied that the Tribunal made any error of law. The Tribunal applied the correct guardianship principles, considered the evidence about the Cousin's suitability, accommodation issues, conflict of interest, the Subject Person's views and family dynamics, and was entitled to find that the Cousin met s 17(1) and that s 15(3) precluded appointment of the Public Guardian. The Appellant was given a reasonable opportunity to respond to the NDIS Support Coordinator's evidence, the 2020 report was not before the Tribunal and was not relevant adverse material in the review, the Appellant did not establish that he was a statutory party to...

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.']