ZGW v ZGY [2018] NSWCATAP 132

ZGW v ZGY [2018] NSWCATAP 132

The appellant failed to establish any error of law or any error warranting leave to appeal. The Appeal Panel held that the Tribunal below conducted the proceedings consistently with the NCAT Act, considered the relevant provisions of the Guardianship Act, took into account the appellant's evidence, and made findings that were open on the evidence, particularly concerning the breakdown of communication between ZGX's children and the need for an independent guardian. The short, unopposed delay justified extending time, but leave to appeal was refused and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Guardianship Appeal From a Decision Making a Guardianship Order and Appointing the Public Guardian / Appeal Panel Decision on Extension of Time, Leave to Appeal and Appeal
Outcome
Time extended; leave to appeal refused; appeal dismissed.
Legal Topics
['internal Appeal' 'leave to Appeal' 'extension of Time' 'natural Justice' 'appointment of Public Guardian' 'best Interests of Protected Person']
['guardianship' 'administrative Law'] ['internal Appeal' 'leave to Appeal' 'extension of Time' 'natural Justice' 'appointment of Public Guardian' 'best Interests of Protected Person']

Case Brief

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Procedural Posture

Guardianship Appeal From a Decision Making a Guardianship Order and Appointing the Public Guardian / Appeal Panel Decision on Extension of Time, Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether time should be extended for the appellant to lodge his Notice of Appeal.' 'Whether the Tribunal below erred in law or denied procedural fairness in making the guardianship order.' "Whether leave to appeal should be granted on grounds that the Tribunal failed to take into account the appellant's evidence or relied on unsupported evidence." "Whether the Tribunal erred in appointing the Public Guardian rather than the appellant as ZGX's guardian."]

Ratio Decidendi

The appellant failed to establish any error of law or any error warranting leave to appeal. The Appeal Panel held that the Tribunal below conducted the proceedings consistently with the NCAT Act, considered the relevant provisions of the Guardianship Act, took into account the appellant's evidence, and made findings that were open on the evidence, particularly concerning the breakdown of communication between ZGX's children and the need for an independent guardian. The short, unopposed delay justified extending time, but leave to appeal was refused and the appeal was dismissed.

Court Disposition

Time extended; leave to appeal refused; appeal dismissed.

Orders

  • ['Time is extended in which the appellant is to lodge his Notice of Appeal to 16 November 2017.' 'Leave to appeal is refused.' 'Appeal dismissed.']