ZQP v ZQQ [2020] NSWCATAP 247

ZQP v ZQQ [2020] NSWCATAP 247

The Appeal Panel found no error in the Tribunal's decision: alleged relevant evidence the appellant claimed was not considered was either not material to the outcome, not sought below, or did not go to the appointments eventually made (Public Guardian and NSW Trustee & Guardian); the Tribunal applied the legislative requirements, procedural fairness was not denied, and due process was observed. The leave to appeal was not justified as the case did not raise an issue of principle or clear injustice, and having found no merit in the proposed grounds, both the extension of time and application for leave to appeal were refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Appeal (internal Appeal) / Application for Extension of Time, Leave to Appeal, and Appeal Determination
Outcome
Appeal dismissed; extension of time refused; leave to appeal refused.
Legal Topics
['extension of Time for Appeal' 'leave to Appeal' 'guardianship Orders' 'financial Management Orders' 'procedural Fairness' 'enduring Power of Attorney' 'review of Enduring Guardianship' 'appellate Review']
['guardianship Law' 'civil Procedure'] ['extension of Time for Appeal' 'leave to Appeal' 'guardianship Orders' 'financial Management Orders' 'procedural Fairness' 'enduring Power of Attorney' 'review of Enduring Guardianship' 'appellate Review']

Case Brief

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Procedural Posture

Appeal (internal Appeal) / Application for Extension of Time, Leave to Appeal, and Appeal Determination

Legal Issues

  1. 1 ['Whether the Tribunal below failed to take into account relevant evidence or considerations' 'Whether procedural fairness was denied to the appellant' 'Whether there was any error of law or ground for leave to appeal' 'Whether extension of time to appeal should be granted']

Ratio Decidendi

The Appeal Panel found no error in the Tribunal's decision: alleged relevant evidence the appellant claimed was not considered was either not material to the outcome, not sought below, or did not go to the appointments eventually made (Public Guardian and NSW Trustee & Guardian); the Tribunal applied the legislative requirements, procedural fairness was not denied, and due process was observed. The leave to appeal was not justified as the case did not raise an issue of principle or clear injustice, and having found no merit in the proposed grounds, both the extension of time and application for leave to appeal were refused and the appeal dismissed.

Court Disposition

Appeal dismissed; extension of time refused; leave to appeal refused.

Orders

  • ['The application for an extension of time to appeal is refused.' 'The application for leave to appeal is refused.' 'The appeal is dismissed.']