ZEO v ZEP [2017] NSWCATAP 166

ZEO v ZEP [2017] NSWCATAP 166

The appellant failed to demonstrate any error in the Tribunal's exercise of discretion in appointing the NSW Trustee and Guardian as manager or show that he was suitable to be appointed. The existence of ongoing family conflict and lack of evidence in support of the appellant's suitability, along with the paramount interest of ZEP, justified the refusal of leave and dismissal of the appeal.

Jurisdiction
Australia
Judgment Date
03 August 2017
Procedural Posture
Appeal / Decision on Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal is refused and the appeal is dismissed.
Legal Topics
['financial Management Order' 'appointment of Manager' 'leave to Appeal' 'conflict of Interest Within Family' 'review of Tribunal Orders']
['guardianship Law' 'administrative Law'] ['financial Management Order' 'appointment of Manager' 'leave to Appeal' 'conflict of Interest Within Family' 'review of Tribunal Orders']

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Procedural Posture

Appeal / Decision on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ["Whether Tribunal erred in declining to appoint appellant as manager of protected person's estate" "Whether appellant demonstrated error in Tribunal's exercise of discretion" 'Whether leave to appeal on fact should be granted']

Ratio Decidendi

The appellant failed to demonstrate any error in the Tribunal's exercise of discretion in appointing the NSW Trustee and Guardian as manager or show that he was suitable to be appointed. The existence of ongoing family conflict and lack of evidence in support of the appellant's suitability, along with the paramount interest of ZEP, justified the refusal of leave and dismissal of the appeal.

Court Disposition

Leave to appeal is refused and the appeal is dismissed.

Orders

  • ['Leave to appeal is refused and the appeal is dismissed.' 'Order 3 made 10 April 2017 in application 2017/1779 is varied to read as follows: This order be reviewed by the Tribunal within four months.']