YFT v YFV [2023] NSWCATAP 336

YFT v YFV [2023] NSWCATAP 336

The Appeal Panel dismissed the appeal because none of the identified grounds established an error of law. The findings that the Appellant's financial plan was unsatisfactory and that the estate was at risk were open on the evidence. There was evidence before the Tribunal of an active NSW Trustee and Guardian investigation, including the representative's statements and the prior history of allegations between the sons. The bias allegation failed because the impugned statement reflected a cited authority and was in any event open to the Tribunal. The alleged error about whether the Appellant conceded the future sale of the Summer Hill property could not be established without a transcript...

Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Guardianship Division Decision Confirming a Financial Management Order / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['internal Appeal' 'leave to Appeal' 'financial Management Order' 'enduring Power of Attorney' 'alleged Financial Abuse' 'no Evidence Ground' 'bias Allegation' 'welfare and Interests of Subject Person']
['administrative Law' 'guardianship and Financial Management' 'protective Jurisdiction'] ['internal Appeal' 'leave to Appeal' 'financial Management Order' 'enduring Power of Attorney' 'alleged Financial Abuse' 'no Evidence Ground' 'bias Allegation' 'welfare and Interests of Subject Person']

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 (nsw) From a Guardianship Division Decision Confirming a Financial Management Order / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal made appealable errors in finding that the Appellant's financial plan for the Subject Person was not satisfactory." "Whether there was no evidence for the finding that NSW Trustee and Guardian was undertaking an investigation into alleged misappropriation from the Subject Person's bank accounts." "Whether the Tribunal member was biased by accepting statements about the NSW Trustee and Guardian's expertise, independence and reputation." 'Whether the Tribunal erred in finding that the Appellant had said the Summer Hill property would likely need to be sold in the future.' 'Whether leave to appeal should be granted on any factual matters raised by the Appellant.']

Ratio Decidendi

The Appeal Panel dismissed the appeal because none of the identified grounds established an error of law. The findings that the Appellant's financial plan was unsatisfactory and that the estate was at risk were open on the evidence. There was evidence before the Tribunal of an active NSW Trustee and Guardian investigation, including the representative's statements and the prior history of allegations between the sons. The bias allegation failed because the impugned statement reflected a cited authority and was in any event open to the Tribunal. The alleged error about whether the Appellant conceded the future sale of the Summer Hill property could not be established without a transcript...

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

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