YKO v YKS [2025] NSWCATAP 29

YKO v YKS [2025] NSWCATAP 29

Although the Tribunal made a material error of fact in finding that no submission was made by YKO to act as substitute attorney, the primary and independent reason for revoking all appointments and preferring independent management was the intense intra-familial conflict, which justified the orders made. The error was not material to the outcome and would not have resulted in a different decision.

Parties
Appellant: YKO; First Respondent: YKS; Second Respondent: YKP; Third Respondent: NSW Trustee and Guardian; Fourth Respondent: YKQ; Fifth Respondent: Public Guardian; Sixth Respondent: YKR
Jurisdiction
Australia
Judgment Date
12 February 2025
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Review of Powers of Attorney, Guardianship Orders, Financial Management Orders, Error of Law in Administrative Decisions, Tribunal Statutory Interpretation
Guardianship Administrative Law Review of Powers of Attorney Guardianship Orders Financial Management Orders Error of Law in Administrative Decisions Tribunal Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

YKO

Appellant

YKS

First Respondent

YKP

Second Respondent

NSW Trustee and Guardian

Third Respondent

YKQ

Fourth Respondent

Public Guardian

Fifth Respondent

YKR

Sixth Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding no submission was made that the Enduring Power of Attorney should operate as per the substitute Attorney
  2. 2 Whether the Tribunal erred in revoking YKO's appointment as substitute attorney and alternate guardian
  3. 3 Whether the Tribunal erred by not appointing YKO as guardian or financial manager for YKS

Ratio Decidendi

Although the Tribunal made a material error of fact in finding that no submission was made by YKO to act as substitute attorney, the primary and independent reason for revoking all appointments and preferring independent management was the intense intra-familial conflict, which justified the orders made. The error was not material to the outcome and would not have resulted in a different decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.