YJB v YJC [2024] NSWCATAP 221

YJB v YJC [2024] NSWCATAP 221

The appeal was dismissed and leave to appeal was refused because the Tribunal took reasonable steps to ensure procedural fairness for the parties (including the person under guardianship), appropriately considered and had regard to the views of the person with disability, was not shown to have actual bias, and made findings on capacity and appointment of guardian and financial manager that were reasonably open and supported by the evidence. No question of law or ground warranting leave to appeal was established, nor did the proposed fresh evidence justify a rehearing or leave.

Parties
Appellant: YJB; First Respondent: YJC; Second Respondent: YJD; Third Respondent: YJE; Fourth Respondent: Public Guardian; Fifth Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Internal Appeal / Appeal Determination
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Leave to Appeal, Appointment of Guardian, Capacity Assessment, Biased Decision Making, Procedural Fairness, Consideration of Views of Person With Disability
Guardianship Procedural Fairness Civil Procedure Leave to Appeal Appointment of Guardian Capacity Assessment Biased Decision Making Consideration of Views of Person With Disability

Case Brief

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Parties

YJB

Appellant

YJC

First Respondent

YJD

Second Respondent

YJE

Third Respondent

Public Guardian

Fourth Respondent

NSW Trustee and Guardian

Fifth Respondent

Procedural Posture

Internal Appeal / Appeal Determination

Legal Issues

  1. 1 Whether Tribunal failed to have regard to views of person with disability under s 4(d) of the Guardianship Act 1987 (NSW)
  2. 2 Whether Tribunal failed to ensure procedural fairness by not giving reasonable opportunity to be heard under s 38(5)(c) of the Civil and Administrative Tribunal Act 2013 (NSW)
  3. 3 Whether Tribunal exhibited actual bias in decision-making

Ratio Decidendi

The appeal was dismissed and leave to appeal was refused because the Tribunal took reasonable steps to ensure procedural fairness for the parties (including the person under guardianship), appropriately considered and had regard to the views of the person with disability, was not shown to have actual bias, and made findings on capacity and appointment of guardian and financial manager that were reasonably open and supported by the evidence. No question of law or ground warranting leave to appeal was established, nor did the proposed fresh evidence justify a rehearing or leave.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.