ZHA v ZGZ [2018] NSWCATAP 249

ZHA v ZGZ [2018] NSWCATAP 249

The extension of time application was refused because the Appellant’s explanation for delay was not satisfactory, the period of delay was significant, the report by Dr V would not have materially changed the outcome in light of other evidence, and ZGZ would suffer substantial prejudice if leave were granted. Accordingly, the appeal lacked substantive merit and was dismissed.

Parties
Appellant: ZHA; First Respondent: ZGZ; Second Respondent: HB; Third Respondent: ZHQ; Fourth Respondent: ZHR
Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Appeal / Extension of Time Application and Appeal Dismissal
Outcome
Appeal dismissed; extension of time application refused.
Legal Topics
Enduring Power of Attorney, Mental Capacity, Extension of Time for Appeal, Revocation of Power of Attorney
Guardianship Civil Procedure Enduring Power of Attorney Mental Capacity Extension of Time for Appeal Revocation of Power of Attorney

Case Brief

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Parties

ZHA

Appellant

ZGZ

First Respondent

HB

Second Respondent

ZHQ

Third Respondent

ZHR

Fourth Respondent

Procedural Posture

Appeal / Extension of Time Application and Appeal Dismissal

Legal Issues

  1. 1 Whether the application to extend time for lodging an appeal should be granted
  2. 2 Whether the appeal against the order confirming the revocation of an enduring power of attorney should be allowed
  3. 3 Whether the report by Dr V would have materially affected the Tribunal's findings on ZGZ's capacity

Ratio Decidendi

The extension of time application was refused because the Appellant’s explanation for delay was not satisfactory, the period of delay was significant, the report by Dr V would not have materially changed the outcome in light of other evidence, and ZGZ would suffer substantial prejudice if leave were granted. Accordingly, the appeal lacked substantive merit and was dismissed.

Court Disposition

Appeal dismissed; extension of time application refused.

Orders

  • The extension of time application to lodge the appeal under s 41 of the Civil and Administrative Tribunal Act 2013 is refused.
  • The appeal is dismissed.