ZJF v ZJG [2019] NSWCATAP 21
The Tribunal made no error of law in its findings regarding Centrelink assessment or intermingling of superannuation funds, and identified factual disagreements did not disclose grounds warranting leave to appeal. No manifest error, unorthodox fact-finding, or substantial injustice was shown by the appellant. Leave to appeal is refused and the appeal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 16 January 2019
- Procedural Posture
- Internal Appeal (guardianship Division) / Appeal Panel Judgment
- Outcome
- Appeal dismissed; leave to appeal refused
- Legal Topics
- ['review of Enduring Guardianship' 'appointment of Guardian' 'appointment of Financial Manager' 'leave to Appeal' 'errors of Law' 'protective Jurisdiction']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Internal Appeal (guardianship Division) / Appeal Panel Judgment
Legal Issues
- 1 ['Whether the Tribunal erred in law in findings regarding Centrelink assessment obligations' 'Whether the Tribunal erred in law regarding intermingling of superannuation monies' 'Whether leave to appeal should be granted for findings on fact or mixed fact and law']
Ratio Decidendi
The Tribunal made no error of law in its findings regarding Centrelink assessment or intermingling of superannuation funds, and identified factual disagreements did not disclose grounds warranting leave to appeal. No manifest error, unorthodox fact-finding, or substantial injustice was shown by the appellant. Leave to appeal is refused and the appeal is dismissed.
Court Disposition
Appeal dismissed; leave to appeal refused
Orders
- ['Leave to appeal is refused.' 'The appeal is dismissed.']
Full Case Text
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