ZBT v ZBU [2016] NSWCATAP 214

ZBT v ZBU [2016] NSWCATAP 214

The Tribunal engaged in a balanced exercise of discretion, properly applying the statutory hierarchy by considering the appellant’s suitability and ultimately finding that, due to family conflict, anticipated complexity of managing the estate, and the protected person's condition, appointment of the NSW Trustee and Guardian best protected the welfare and interests of the protected person. No error of law was identified.

Parties
Appellant: ZBT; First Respondent: ZBU; Second Respondent: ZBZ; Third Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Guardianship/financial Management Appeal / Appeal From Guardianship Division, Determination of Appeal
Outcome
Appeal dismissed; leave to extend to other grounds refused
Legal Topics
Appointment of Financial Manager, Tribunal Powers and Discretion, Protective Jurisdiction
Guardianship Administrative Law Appointment of Financial Manager Tribunal Powers and Discretion Protective Jurisdiction

Case Brief

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Parties

ZBT

Appellant

ZBU

First Respondent

ZBZ

Second Respondent

NSW Trustee and Guardian

Third Respondent

Procedural Posture

Guardianship/financial Management Appeal / Appeal From Guardianship Division, Determination of Appeal

Legal Issues

  1. 1 Whether Tribunal failed to consider relevant considerations in appointing NSW Trustee and Guardian as financial manager
  2. 2 Whether Tribunal failed to first consider applicant's suitability as financial manager before appointing NSW Trustee and Guardian
  3. 3 Whether there were errors of law justifying appeal

Ratio Decidendi

The Tribunal engaged in a balanced exercise of discretion, properly applying the statutory hierarchy by considering the appellant’s suitability and ultimately finding that, due to family conflict, anticipated complexity of managing the estate, and the protected person's condition, appointment of the NSW Trustee and Guardian best protected the welfare and interests of the protected person. No error of law was identified.

Court Disposition

Appeal dismissed; leave to extend to other grounds refused

Orders

  • Leave to extend appeal to other grounds refused.
  • Appeal dismissed.