ZPM v NSW Trustee and Guardian [2020] NSWCATAP 134

ZPM v NSW Trustee and Guardian [2020] NSWCATAP 134

Because the appellant had no knowledge of either the application for a stay or the notice of appeal, did not instruct their preparation, and did not wish to prosecute the appeal or stay, the appeal and stay application are nullities and must be dismissed.

Parties
Appellant: ZPM; First Respondent: NSW Trustee and Guardian; Second Respondent: ZPN
Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Appeal / Dismissal of Stay Application and Appeal
Outcome
Both application for a stay and notice of appeal dismissed
Legal Topics
Financial Management, Capacity, Procedural Irregularity
Guardianship Financial Management Capacity Procedural Irregularity

Case Brief

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Parties

ZPM

Appellant

NSW Trustee and Guardian

First Respondent

ZPN

Second Respondent

Procedural Posture

Appeal / Dismissal of Stay Application and Appeal

Legal Issues

  1. 1 Whether appellant had knowledge of the filing of the appeal or stay application
  2. 2 Whether appeal or stay application was properly instituted

Ratio Decidendi

Because the appellant had no knowledge of either the application for a stay or the notice of appeal, did not instruct their preparation, and did not wish to prosecute the appeal or stay, the appeal and stay application are nullities and must be dismissed.

Court Disposition

Both application for a stay and notice of appeal dismissed

Orders

  • The Application for a Stay dated 23 April 2020 is dismissed.
  • The Notice of Appeal dated 23 April 2020 is dismissed.