ZAU v Public Guardian [2016] NSWCATAP 53

ZAU v Public Guardian [2016] NSWCATAP 53

The Appeal Panel refused to extend time for the appeal from the 8 May 2015 decision because the appeal was 27 days late, no justifiable reason for the delay was provided, the proposed appeal had poor prospects, and the superseded orders had no practical utility. The appeal from the 18 September 2015 decision failed because the Tribunal identified and applied the correct provisions of the Guardianship Act 1987 (NSW), there was probative evidence supporting its factual findings about ZAV's need for a guardian and ZAU's unsuitability, there was no demonstrated error of law, the criteria for leave to appeal on non-legal grounds were not met, and the Tribunal had power to renew the...

Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Internal Appeal From Guardianship Division Proceedings Concerning Guardianship Orders / Appeal Panel Decision on Application to Lodge an Appeal Out of Time, Application for Leave to Appeal, and Appeal
Outcome
Application to lodge an appeal out of time refused; application for leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['guardianship Orders' 'internal Appeal' 'extension of Time' 'leave to Appeal' 'question of Law' 'appointment of Public Guardian' 'findings of Fact' 'self Represented Litigant']
['administrative Law' 'guardianship Law'] ['guardianship Orders' 'internal Appeal' 'extension of Time' 'leave to Appeal' 'question of Law' 'appointment of Public Guardian' 'findings of Fact' 'self Represented Litigant']

Case Brief

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Procedural Posture

Internal Appeal From Guardianship Division Proceedings Concerning Guardianship Orders / Appeal Panel Decision on Application to Lodge an Appeal Out of Time, Application for Leave to Appeal, and Appeal

Legal Issues

  1. 1 ["Whether ZAU should be permitted to lodge an appeal out of time from the Tribunal's decision of 8 May 2015." 'Whether the Tribunal made an error of law in finding that ZAV was a person in need of a guardian.' 'Whether the Tribunal made an error of law in appointing the Public Guardian rather than ZAU as guardian.' 'Whether leave should be granted to appeal on grounds other than a question of law from the decision of 18 September 2015.' 'Whether the Tribunal erred in renewing the guardianship order for three years.']

Ratio Decidendi

The Appeal Panel refused to extend time for the appeal from the 8 May 2015 decision because the appeal was 27 days late, no justifiable reason for the delay was provided, the proposed appeal had poor prospects, and the superseded orders had no practical utility. The appeal from the 18 September 2015 decision failed because the Tribunal identified and applied the correct provisions of the Guardianship Act 1987 (NSW), there was probative evidence supporting its factual findings about ZAV's need for a guardian and ZAU's unsuitability, there was no demonstrated error of law, the criteria for leave to appeal on non-legal grounds were not met, and the Tribunal had power to renew the...

Court Disposition

Application to lodge an appeal out of time refused; application for leave to appeal refused; appeal otherwise dismissed.

Orders

  • ["ZAU's application to lodge an appeal out of time from the Tribunal's decision of 8 May 2015 is refused." "ZAU's application for leave to appeal on grounds other than a question of law from the Tribunal's decision of 18 September 2015 is refused." "ZAU's appeal from the Tribunal's decision of 18 September 2015 is...