ZJJ v ZJK [2019] NSWCATAP 209

ZJJ v ZJK [2019] NSWCATAP 209

The Appellant's Supreme Court proceedings were an appeal to the Supreme Court for the purpose of cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW). Because that appeal against the 31 October 2018 guardianship decision was dismissed and was not withdrawn with the approval of the Court for the purpose of enabling an internal appeal, cl 12(4) precluded an internal appeal to the Appeal Panel. The Appellant also failed to identify a sound basis for leave to appeal either interlocutory decision: the challenge to refusal of summary dismissal was no more than a merits challenge, and the refusal to order withdrawal of the Alon Pty Ltd documents was not shown to be clearly...

Jurisdiction
Australia
Judgment Date
19 August 2019
Procedural Posture
Internal Appeal and Applications for Leave to Appeal From Decisions of the Guardianship Division of NCAT / Appeal Panel Decision
Outcome
Appeal dismissed against the 31 October 2018 guardianship decision; leave to appeal the decisions made on 28 February 2019 refused.
Legal Topics
['ncat Internal Appeal Jurisdiction' 'appeal to the Supreme Court Precluding Internal Appeal' 'guardianship Orders' 'financial Management Orders' 'interlocutory Decisions' 'leave to Appeal' 'summary Dismissal' 'tribunal Procedure']
['administrative Law' 'guardianship' 'appeals' 'statutory Construction'] ['ncat Internal Appeal Jurisdiction' 'appeal to the Supreme Court Precluding Internal Appeal' 'guardianship Orders' 'financial Management Orders' 'interlocutory Decisions' 'leave to Appeal' 'summary Dismissal' 'tribunal Procedure']

Case Brief

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Procedural Posture

Internal Appeal and Applications for Leave to Appeal From Decisions of the Guardianship Division of NCAT / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW) precluded an internal appeal against the 31 October 2018 guardianship decision after the Supreme Court dismissed an appeal against that decision.' 'Whether the proceedings commenced in the Supreme Court were an appeal to the Supreme Court for the purpose of cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW) applies only to concurrent appeals or also precludes consecutive appeals.' 'Whether the Supreme Court gave approval for the appellant to withdraw the Supreme Court appeal for the purpose of bringing an internal appeal.' "Whether leave should be granted to appeal the Tribunal's refusal to summarily dismiss the financial management application." "Whether leave should be granted to appeal the Tribunal's refusal to direct withdrawal of documents relating to Alon Pty Ltd."]

Ratio Decidendi

The Appellant's Supreme Court proceedings were an appeal to the Supreme Court for the purpose of cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW). Because that appeal against the 31 October 2018 guardianship decision was dismissed and was not withdrawn with the approval of the Court for the purpose of enabling an internal appeal, cl 12(4) precluded an internal appeal to the Appeal Panel. The Appellant also failed to identify a sound basis for leave to appeal either interlocutory decision: the challenge to refusal of summary dismissal was no more than a merits challenge, and the refusal to order withdrawal of the Alon Pty Ltd documents was not shown to be clearly...

Court Disposition

Appeal dismissed against the 31 October 2018 guardianship decision; leave to appeal the decisions made on 28 February 2019 refused.

Orders

  • ['By the operation of cl 12(4) of sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW), the appellant is precluded from bringing an internal appeal against the decision made by the Tribunal on 31 October 2018 to make a guardianship order in respect of the Mother. The Appeal is dismissed.' 'Application for...