ZEG v ZEK [2017] NSWCATAP 202

ZEG v ZEK [2017] NSWCATAP 202

The Appeal Panel refused an extension of time and leave to appeal and dismissed the appeal because the Senior Member's decision to continue the Public Guardian's appointment with accommodation and services functions was open on the evidence, particularly the neuropsychological evidence of Dr Perdices and the evidence concerning ZEK's service and accommodation needs. The appellant did not demonstrate that the Senior Member made findings unsupported by evidence, failed to consider mandatory relevant matters, took into account irrelevant matters, made an unreasonable decision, or denied procedural fairness. Given the absence of appealable error and insufficient prospects of success, the...

Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Internal Appeal Against a Guardianship Division Decision Renewing the Appointment of the Public Guardian as Guardian Under the Guardianship Act 1987 (nsw) / Appeal Panel Decision on Extension of Time, Leave to Appeal and Appeal
Outcome
Extension of time to appeal refused; leave to appeal refused; appeal dismissed.
Legal Topics
['internal Appeal' 'extension of Time to Appeal' 'leave to Appeal' 'error of Law' 'procedural Fairness' 'guardianship Order' 'decision Making Capacity']
['protective Jurisdiction' 'guardianship' 'administrative Law'] ['internal Appeal' 'extension of Time to Appeal' 'leave to Appeal' 'error of Law' 'procedural Fairness' 'guardianship Order' 'decision Making Capacity']

Case Brief

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Procedural Posture

Internal Appeal Against a Guardianship Division Decision Renewing the Appointment of the Public Guardian as Guardian Under the Guardianship Act 1987 (nsw) / Appeal Panel Decision on Extension of Time, Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether an extension of time to appeal should be granted where the Notice of Appeal was filed more than 28 days after the order under appeal.' 'Whether leave to appeal should be granted from the renewal of the guardianship order.' "Whether the Senior Member made findings not open on the evidence concerning ZEK's capacity and need for a guardian." "Whether the Senior Member failed to take into account relevant considerations or took into account irrelevant considerations, including medical evidence from ZEK's general practitioner." 'Whether the decision was so unreasonable that no reasonable decision maker could have made it.' 'Whether the appellant was denied procedural fairness at the hearing before the Senior Member.']

Ratio Decidendi

The Appeal Panel refused an extension of time and leave to appeal and dismissed the appeal because the Senior Member's decision to continue the Public Guardian's appointment with accommodation and services functions was open on the evidence, particularly the neuropsychological evidence of Dr Perdices and the evidence concerning ZEK's service and accommodation needs. The appellant did not demonstrate that the Senior Member made findings unsupported by evidence, failed to consider mandatory relevant matters, took into account irrelevant matters, made an unreasonable decision, or denied procedural fairness. Given the absence of appealable error and insufficient prospects of success, the...

Court Disposition

Extension of time to appeal refused; leave to appeal refused; appeal dismissed.

Orders

  • ['The application for an extension of time to appeal is refused.' 'The application for leave to appeal is refused.' 'The appeal is dismissed.']