ZKK v ZKL [2019] NSWCATAP 81

ZKK v ZKL [2019] NSWCATAP 81

The Appeal Panel allowed the appeal because the Tribunal's reasons did not disclose the reasoning process by which it became satisfied that the appellant was not capable of managing her affairs and that another person needed to manage them. Although there was evidence capable of supporting those findings, capacity and need were preconditions to making the financial management order, and the Tribunal failed to explain how the appellant's past exploitation, the allegations concerning the neighbours, or other factors led to its conclusion.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Internal Appeal Against a Guardianship Division Decision Making a Financial Management Order / Appeal Panel Decision on Extension of Time and Appeal
Outcome
Time to appeal extended; appeal allowed; financial management decision remitted; decision under appeal set aside on a deferred basis.
Legal Topics
['adequacy of Reasons' 'financial Management Orders' 'capacity to Manage Affairs' 'extension of Time to Appeal' 'remittal']
['administrative Law' 'guardianship and Financial Management'] ['adequacy of Reasons' 'financial Management Orders' 'capacity to Manage Affairs' 'extension of Time to Appeal' 'remittal']

Case Brief

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Procedural Posture

Internal Appeal Against a Guardianship Division Decision Making a Financial Management Order / Appeal Panel Decision on Extension of Time and Appeal

Legal Issues

  1. 1 ['Whether time to lodge the Notice of Appeal should be extended under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the Tribunal failed to give adequate reasons for concluding that the appellant was not capable of managing her affairs and that there was a need for another person to manage her affairs.' "Whether there was no evidence for the Tribunal's finding that the appellant was not capable of managing her affairs." 'Whether the Tribunal misapplied s 25G of the Guardianship Act 1987 (NSW) by asking whether the appellant was capable of managing her affairs rather than whether she was not capable of managing her affairs.']

Ratio Decidendi

The Appeal Panel allowed the appeal because the Tribunal's reasons did not disclose the reasoning process by which it became satisfied that the appellant was not capable of managing her affairs and that another person needed to manage them. Although there was evidence capable of supporting those findings, capacity and need were preconditions to making the financial management order, and the Tribunal failed to explain how the appellant's past exploitation, the allegations concerning the neighbours, or other factors led to its conclusion.

Court Disposition

Time to appeal extended; appeal allowed; financial management decision remitted; decision under appeal set aside on a deferred basis.

Orders

  • ['The time to lodge the Notice of Appeal is extended to 13 November 2018.' 'The appeal is allowed.' 'The decision to make a financial management order is remitted to the Tribunal for determination, with any further material provided by the parties.' 'The decision under appeal is set aside but not until the date the...