ZOB v ZOC [2020] NSWCATAP 130

ZOB v ZOC [2020] NSWCATAP 130

Leave to appeal was refused because none of the appellant's grounds raised a question of principle or policy or demonstrated a manifest error. The Tribunal's findings about conflict of interest, ZOC's expressed wishes and distress, the limited effect of the appellant's asserted communications with the NSW Trustee and Guardian, the lack of another suitable private manager, and the alleged influence on ZOC were findings and discretionary assessments open to it under the Guardianship Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Appeal From Orders Made by the Guardianship Division Revoking Appointment of a Private Financial Manager and Appointing the NSW Trustee and Guardian / Application for Leave to Appeal and Appeal in the Appeal Panel
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
['financial Management Order' 'revocation of Private Financial Manager' 'appointment of NSW Trustee and Guardian' 'leave to Appeal' 'best Interests of Protected Person' 'conflict of Interest']
['administrative Law' 'guardianship and Financial Management'] ['financial Management Order' 'revocation of Private Financial Manager' 'appointment of NSW Trustee and Guardian' 'leave to Appeal' 'best Interests of Protected Person' 'conflict of Interest']

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Procedural Posture

Appeal From Orders Made by the Guardianship Division Revoking Appointment of a Private Financial Manager and Appointing the NSW Trustee and Guardian / Application for Leave to Appeal and Appeal in the Appeal Panel

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the Guardianship Division decision to revoke the appellant's appointment as ZOC's private financial manager." 'Whether the Tribunal erred in finding a conflict of interest between the appellant and ZOC.' "Whether the Tribunal failed to give sufficient weight to the appellant's asserted communication with the NSW Trustee and Guardian about living rent-free in ZOC's property." 'Whether appointment of the NSW Trustee and Guardian was unfair because costs were not raised with ZOC.' "Whether the Tribunal failed to give proper weight to alleged undue influence and coercion affecting ZOC's expressed views."]

Ratio Decidendi

Leave to appeal was refused because none of the appellant's grounds raised a question of principle or policy or demonstrated a manifest error. The Tribunal's findings about conflict of interest, ZOC's expressed wishes and distress, the limited effect of the appellant's asserted communications with the NSW Trustee and Guardian, the lack of another suitable private manager, and the alleged influence on ZOC were findings and discretionary assessments open to it under the Guardianship Act 1987 (NSW).

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

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