ZJA v ZJB [2018] NSWCATAP 300

ZJA v ZJB [2018] NSWCATAP 300

The procedural fairness grounds failed because there was no material supporting the factual assertions that the Appellant or his solicitor was prevented from speaking, and the reasons showed the Appellant participated in the hearing with assistance from the solicitor. Leave to appeal was refused because none of the Collins v Urban factors was established, the Tribunal correctly stated and applied the statutory tests, gave adequate reasons, and the evidence did not show the Public Guardian was failing to discharge its guardianship role consistently with statutory obligations. Time was extended because the late fee payment arose from a misapprehension, no prejudice was shown, and the...

Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Internal Appeal From a Guardianship Division Decision Making a Further Guardianship Order and Appointing the NSW Public Guardian / Appeal Panel Determination of Extension of Time, Leave to Appeal, and Appeal
Outcome
Time for lodging the appeal extended; leave to appeal refused; appeal dismissed.
Legal Topics
['procedural Fairness' 'hearing Rule' 'leave to Appeal' 'protective Jurisdiction' 'extension of Time' 'guardianship Orders' 'public Guardian']
['guardianship' 'administrative Law' 'civil Procedure'] ['procedural Fairness' 'hearing Rule' 'leave to Appeal' 'protective Jurisdiction' 'extension of Time' 'guardianship Orders' 'public Guardian']

Case Brief

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Procedural Posture

Internal Appeal From a Guardianship Division Decision Making a Further Guardianship Order and Appointing the NSW Public Guardian / Appeal Panel Determination of Extension of Time, Leave to Appeal, and Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to accord procedural fairness by refusing to permit the Appellant to speak at the hearing.' "Whether the Tribunal failed to accord procedural fairness by refusing to permit the Appellant's solicitor to speak at the hearing." 'Whether leave to appeal should be granted on grounds other than a question of law.' 'Whether time for lodging the appeal should be extended where the notice was lodged within time but the applicable fee was paid late.']

Ratio Decidendi

The procedural fairness grounds failed because there was no material supporting the factual assertions that the Appellant or his solicitor was prevented from speaking, and the reasons showed the Appellant participated in the hearing with assistance from the solicitor. Leave to appeal was refused because none of the Collins v Urban factors was established, the Tribunal correctly stated and applied the statutory tests, gave adequate reasons, and the evidence did not show the Public Guardian was failing to discharge its guardianship role consistently with statutory obligations. Time was extended because the late fee payment arose from a misapprehension, no prejudice was shown, and the...

Court Disposition

Time for lodging the appeal extended; leave to appeal refused; appeal dismissed.

Orders

  • ['The time for lodging the appeal is extended to 12 June 2018.' 'Leave to appeal is refused.' 'Appeal dismissed.']