YKD v YKE [2025] NSWCATAP 4

YKD v YKE [2025] NSWCATAP 4

The Appellant failed to identify any error of law or advance new evidence or an arguable basis for review; the grounds raised were reiterations of previous unsuccessful claims, rendering the appeal misconceived and lacking in substance. The decision of the Tribunal at first instance was open on the evidence and free from legal error.

Parties
Appellant: YKD; First Respondent: YKE; Third Respondent: NSW Trustee and Guardian; Fourth Respondent: Public Guardian; Fifth Respondent: YKG; Sixth Respondent: YKH
Jurisdiction
Australia
Judgment Date
06 January 2025
Procedural Posture
Appeal / Final Decision
Outcome
Appeal dismissed
Legal Topics
Summary Dismissal, Error of Law, Guardianship Order Review
Guardianship Civil Procedure Summary Dismissal Error of Law Guardianship Order Review

Case Brief

Summary, issues, holding and outcome

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Parties

YKD

Appellant

YKE

First Respondent

NSW Trustee and Guardian

Third Respondent

Public Guardian

Fourth Respondent

YKG

Fifth Respondent

YKH

Sixth Respondent

Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 Whether the Tribunal at first instance erred in dismissing the application for review of guardianship and financial management orders as misconceived, lacking in substance, or without an arguable basis under s 55(1)(b) Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Whether there was an error of law in the Tribunal's factual findings or treatment of the evidence
  3. 3 Whether the Tribunal failed to consider relevant evidence, took into account irrelevant matters, or denied procedural fairness

Ratio Decidendi

The Appellant failed to identify any error of law or advance new evidence or an arguable basis for review; the grounds raised were reiterations of previous unsuccessful claims, rendering the appeal misconceived and lacking in substance. The decision of the Tribunal at first instance was open on the evidence and free from legal error.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • If the First Respondent seeks any order for costs of the appeal, he is to file and serve written submissions not exceeding 5 pages within one month of the order.