ZMZ v NSW Trustee and Guardian [2019] NSWCATAP 276

ZMZ v NSW Trustee and Guardian [2019] NSWCATAP 276

The Appeal Panel held that no denial of procedural fairness was established because the Tribunal member had considered fairness, had ZMZ's written material and oral submissions, understood his case, and the inability to make final submissions caused no practical injustice. Leave to appeal on the weight ground was refused because the Tribunal considered the 2008 enduring power of attorney and ZNA's wishes, but permissibly gave greater weight to the ongoing family conflict and ZNA's welfare and interests when deciding that revocation of the financial management order was not in her best interests.

Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Internal Appeal From Guardianship Division Decision Confirming a Financial Management Order and Appointment of NSW Trustee and Guardian / Appeal Panel Decision on Appeal and Leave to Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['financial Management Order' 'enduring Power of Attorney' 'best Interests of Protected Person' 'leave to Appeal' 'procedural Fairness in Tribunal Proceedings']
['administrative Law' 'guardianship and Financial Management' 'procedural Fairness'] ['financial Management Order' 'enduring Power of Attorney' 'best Interests of Protected Person' 'leave to Appeal' 'procedural Fairness in Tribunal Proceedings']

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Procedural Posture

Internal Appeal From Guardianship Division Decision Confirming a Financial Management Order and Appointment of NSW Trustee and Guardian / Appeal Panel Decision on Appeal and Leave to Appeal

Legal Issues

  1. 1 ['Whether ZMZ was denied procedural fairness when the 2019 review hearing was terminated after disruption and threats by ZNB.' "Whether the Tribunal failed to give sufficient weight to ZNA's views as reflected in the 2008 enduring power of attorney appointing ZMZ as attorney." 'Whether leave to appeal should be granted on the ground concerning the weight given to the enduring power of attorney.']

Ratio Decidendi

The Appeal Panel held that no denial of procedural fairness was established because the Tribunal member had considered fairness, had ZMZ's written material and oral submissions, understood his case, and the inability to make final submissions caused no practical injustice. Leave to appeal on the weight ground was refused because the Tribunal considered the 2008 enduring power of attorney and ZNA's wishes, but permissibly gave greater weight to the ongoing family conflict and ZNA's welfare and interests when deciding that revocation of the financial management order was not in her best interests.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • ['Leave to appeal is refused.' 'The appeal is dismissed.']