ZJK v ZJM [2020] NSWCATAP 13

ZJK v ZJM [2020] NSWCATAP 13

A hearing could be dispensed with because the issues could be adequately determined on the written material after the parties had the opportunity to make submissions. Leave to extend time for the appeal from the 2018 and 2019 Guardianship Division decisions was refused because the delay ranged from days to well over a year, no satisfactory explanation for delay was provided, the prospects of success were minimal, and the Mother's death meant there was no advantage to her or alleged benefit to her estate in continuing the appeal. The appeal from the 12 September 2019 decision was incompetent because the Tribunal had in fact reviewed the power of attorney and the Notice of Appeal identified...

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Internal Appeal Against Multiple Decisions of the Guardianship Division of the NSW Civil and Administrative Tribunal / Appeal Panel Determination on the Papers, Including Application for Leave to Extend Time to Lodge the Notice of Appeal
Outcome
Leave to extend time was refused and the appeal was dismissed.
Legal Topics
['ncat Internal Appeal' 'extension of Time' 'dispensing With a Hearing' 'guardianship Division Decisions' 'power of Attorney Review' 'publication Restriction']
['administrative Law' 'guardianship' 'civil Procedure'] ['ncat Internal Appeal' 'extension of Time' 'dispensing With a Hearing' 'guardianship Division Decisions' 'power of Attorney Review' 'publication Restriction']

Case Brief

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Procedural Posture

Internal Appeal Against Multiple Decisions of the Guardianship Division of the NSW Civil and Administrative Tribunal / Appeal Panel Determination on the Papers, Including Application for Leave to Extend Time to Lodge the Notice of Appeal

Legal Issues

  1. 1 ['Whether the Tribunal should dispense with a hearing and determine the appeal on the papers.' 'Whether leave should be granted to extend time to lodge the Notice of Appeal in relation to the decisions of 4 April 2018, 24 May 2018, 31 October 2018, 28 February 2019 and 8 August 2019.' 'Whether the appeal in relation to the decision of 12 September 2019 disclosed grounds the Appeal Panel could consider.' "Whether the Tribunal had internal appeal jurisdiction over the Appeal Panel's decision of 1 October 2019." 'Whether continuation of the appeal would promote the welfare and interests of the deceased Mother or benefit her estate.']

Ratio Decidendi

A hearing could be dispensed with because the issues could be adequately determined on the written material after the parties had the opportunity to make submissions. Leave to extend time for the appeal from the 2018 and 2019 Guardianship Division decisions was refused because the delay ranged from days to well over a year, no satisfactory explanation for delay was provided, the prospects of success were minimal, and the Mother's death meant there was no advantage to her or alleged benefit to her estate in continuing the appeal. The appeal from the 12 September 2019 decision was incompetent because the Tribunal had in fact reviewed the power of attorney and the Notice of Appeal identified...

Court Disposition

Leave to extend time was refused and the appeal was dismissed.

Orders

  • ['The Tribunal dispenses with a hearing in relation to the Appeal.' 'Leave to extend time to lodge the Notice of Appeal in relation to the decisions of 4 April 2018, 24 May 2018, 31 October 2018, 28 February 2019 and 8 August 2019 is refused.' 'The Appeal is dismissed.']