ZQB v ZPV [2020] NSWCATAP 274

ZQB v ZPV [2020] NSWCATAP 274

The Tribunal's conduct of the review by telephone, in the circumstances of the COVID-19 pandemic and the Subject Person's severe disability, did not amount to denial of procedural fairness. Refusal to allow a McKenzie Friend caused no practical injustice, given the inability to effectively assist the Subject Person. The Tribunal properly considered the Subject Person's welfare and interests in light of the statutory requirements. No grounds warranted granting leave to appeal.

Parties
Appellant: ZQB; First Respondent: ZPV; Second Respondent: ZPX; Third Respondent: ZPW; Fourth Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Appeal / Determination of Appeal and Leave to Appeal From Guardianship Division Decision
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
Procedural Fairness, Guardianship Orders, Leave to Appeal, Participation of Persons With Disabilities
Administrative Law Guardianship Law Disability Law Procedural Fairness Guardianship Orders Leave to Appeal Participation of Persons With Disabilities

Case Brief

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Parties

ZQB

Appellant

ZPV

First Respondent

ZPX

Second Respondent

ZPW

Third Respondent

NSW Trustee and Guardian

Fourth Respondent

Procedural Posture

Appeal / Determination of Appeal and Leave to Appeal From Guardianship Division Decision

Legal Issues

  1. 1 Whether the Tribunal denied the Subject Person procedural fairness by conducting the review by telephone
  2. 2 Whether refusal to allow McKenzie Friend constituted denial of procedural fairness
  3. 3 Whether the Tribunal failed to give proper consideration to the Subject Person's welfare and interests

Ratio Decidendi

The Tribunal's conduct of the review by telephone, in the circumstances of the COVID-19 pandemic and the Subject Person's severe disability, did not amount to denial of procedural fairness. Refusal to allow a McKenzie Friend caused no practical injustice, given the inability to effectively assist the Subject Person. The Tribunal properly considered the Subject Person's welfare and interests in light of the statutory requirements. No grounds warranted granting leave to appeal.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

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