ZOL v ZOM [2020] NSWCATAP 97

ZOL v ZOM [2020] NSWCATAP 97

There was material before the Tribunal supporting the finding that the appellant was not capable of managing her financial affairs; accordingly, no error of law was found and the Tribunal gave real and genuine consideration to requests for variation of the order. No ground for leave to appeal was established.

Parties
Appellant: ZOL; First Respondent: ZOM; Second Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Appeal / Decision on Appeal From Guardianship Division, NCAT
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
Financial Management Orders, Incidents of Capacity, Leave to Appeal Requirements, Best Interests of Protected Persons
Guardianship Law Administrative Law Financial Management Orders Incidents of Capacity Leave to Appeal Requirements Best Interests of Protected Persons

Case Brief

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Parties

ZOL

Appellant

ZOM

First Respondent

NSW Trustee and Guardian

Second Respondent

Procedural Posture

Appeal / Decision on Appeal From Guardianship Division, NCAT

Legal Issues

  1. 1 Whether the Tribunal's finding that the appellant lacked capacity to manage her affairs was made in the absence of evidence
  2. 2 Whether the Tribunal failed to give real and genuine consideration to the orders sought for varying the financial management order
  3. 3 Principles applying to granting leave to appeal from Guardianship Division of NCAT

Ratio Decidendi

There was material before the Tribunal supporting the finding that the appellant was not capable of managing her financial affairs; accordingly, no error of law was found and the Tribunal gave real and genuine consideration to requests for variation of the order. No ground for leave to appeal was established.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • The appeal is dismissed.
  • Leave to appeal is refused.