ZBG v NSW Trustee and Guardian [2023] NSWCATAP 47

ZBG v NSW Trustee and Guardian [2023] NSWCATAP 47

Leave to appeal was refused because the asserted errors did not identify a question of law and the appellant failed to establish a sound basis for leave. There was ample evidence supporting the Tribunal's findings that it was not satisfied the appellant was capable of managing her affairs and that revocation was not in her best interests, including her inability to explain her financial circumstances, lack of an effective plan or budget, past expenditure of $100,000 in three months, and the absence of objective evidence before the Tribunal supporting capability. The fresh material relied on for a new hearing did not address the key concerns identified by the Tribunal, so no useful purpose...

Jurisdiction
Australia
Judgment Date
21 February 2023
Procedural Posture
Internal Appeal From a Guardianship Division Decision Concerning Refusal to Revoke a Financial Management Order / Appeal Panel Decision on Leave to Appeal, Request for a New Hearing, and Appeal
Outcome
Leave to appeal refused; discretion to conduct a new hearing declined; appeal dismissed.
Legal Topics
['financial Management Orders' 'revocation of Financial Management Order' 'capability to Manage Affairs' 'best Interests of Protected Person' 'internal Appeal' 'leave to Appeal' 'new Hearing on Appeal']
['guardianship' 'administrative Law' 'appeals'] ['financial Management Orders' 'revocation of Financial Management Order' 'capability to Manage Affairs' 'best Interests of Protected Person' 'internal Appeal' 'leave to Appeal' 'new Hearing on Appeal']

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Procedural Posture

Internal Appeal From a Guardianship Division Decision Concerning Refusal to Revoke a Financial Management Order / Appeal Panel Decision on Leave to Appeal, Request for a New Hearing, and Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal against the Tribunal's decision refusing to revoke the financial management order." "Whether the Tribunal's findings that the appellant was not capable of managing her affairs and that revocation was not in her best interests were against the weight of evidence or unfair." 'Whether the Appeal Panel should exercise the discretion under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal with the internal appeal by way of a new hearing.']

Ratio Decidendi

Leave to appeal was refused because the asserted errors did not identify a question of law and the appellant failed to establish a sound basis for leave. There was ample evidence supporting the Tribunal's findings that it was not satisfied the appellant was capable of managing her affairs and that revocation was not in her best interests, including her inability to explain her financial circumstances, lack of an effective plan or budget, past expenditure of $100,000 in three months, and the absence of objective evidence before the Tribunal supporting capability. The fresh material relied on for a new hearing did not address the key concerns identified by the Tribunal, so no useful purpose...

Court Disposition

Leave to appeal refused; discretion to conduct a new hearing declined; appeal dismissed.

Orders

  • ['Leave to appeal against the decision made by the Tribunal on 10 August 2022, is refused.' 'The Appeal Panel declines to exercise the discretion under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal by way of a new hearing the appeal against the decision made by the Tribunal on 10 August...