YKX v NSW Ageing and Disability Commissioner [2024] NSWCATAP 248

YKX v NSW Ageing and Disability Commissioner [2024] NSWCATAP 248

Six days' notice was reasonable considering the circumstances, written participation occurred, and there was no procedural unfairness in proceeding with the hearing or in failure to offer adjournment. The Tribunal did not make a finding that the appellant was unable to care for her daughter, and the relevant findings were supported by evidence. Leave to appeal should not be granted because no grounds have been established.

Parties
Appellant: YKX; First Respondent: NSW Ageing and Disability Commissioner; Second Respondent: YKY; Third Respondent: YKZ; Fourth Respondent: YJA; Fifth Respondent: NSW Public Guardian
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Leave to appeal refused; appeal dismissed
Legal Topics
Procedural Fairness, Notice of Hearing, Guardianship Orders, Leave to Appeal
Administrative Law Guardianship Procedural Law Procedural Fairness Notice of Hearing Guardianship Orders Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

YKX

Appellant

NSW Ageing and Disability Commissioner

First Respondent

YKY

Second Respondent

YKZ

Third Respondent

YJA

Fourth Respondent

NSW Public Guardian

Fifth Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal gave appellant reasonable period of notice of hearing to determine guardianship order application
  2. 2 Whether the Tribunal failed to afford procedural fairness by not offering an adjournment and proceeding in appellant's absence
  3. 3 Whether Tribunal's finding that appellant was unable to care for the Daughter was against the weight of evidence

Ratio Decidendi

Six days' notice was reasonable considering the circumstances, written participation occurred, and there was no procedural unfairness in proceeding with the hearing or in failure to offer adjournment. The Tribunal did not make a finding that the appellant was unable to care for her daughter, and the relevant findings were supported by evidence. Leave to appeal should not be granted because no grounds have been established.

Court Disposition

Leave to appeal refused; appeal dismissed

Orders

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