ZSE v ZSG [2021] NSWCATAP 69

ZSE v ZSG [2021] NSWCATAP 69

The appeal was dismissed because the Tribunal applied the relevant statutory test, considered the suitability of both ZSH and ZSF, and made findings open on the evidence. The Guardianship Act 1987 (NSW) did not require appointment of a family member over a close friend. No House v R error or Wednesbury unreasonableness was shown. The Tribunal was required to consider ZSG's views, was aware of her cognitive impairment, and the appellant did not provide the evidence or recording needed to show that excessive weight had been placed on those views.

Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Internal Appeal From a Guardianship Division Decision Appointing a Guardian / Appeal Panel Decision
Outcome
The appeal is dismissed.
Legal Topics
['appointment of Guardian' 'manifest Unreasonableness' "weight Given to Subject Person's Views" 'appeal on Question of Law']
['guardianship' 'administrative Law'] ['appointment of Guardian' 'manifest Unreasonableness' "weight Given to Subject Person's Views" 'appeal on Question of Law']

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Procedural Posture

Internal Appeal From a Guardianship Division Decision Appointing a Guardian / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the decision to appoint ZSH as guardian was manifestly unreasonable because ZSH was not a member of ZSG's family and family members were available for appointment." "Whether the decision to appoint ZSH as guardian was manifestly unreasonable because the Tribunal gave improper or excessive weight to ZSG's views despite her cognitive impairment."]

Ratio Decidendi

The appeal was dismissed because the Tribunal applied the relevant statutory test, considered the suitability of both ZSH and ZSF, and made findings open on the evidence. The Guardianship Act 1987 (NSW) did not require appointment of a family member over a close friend. No House v R error or Wednesbury unreasonableness was shown. The Tribunal was required to consider ZSG's views, was aware of her cognitive impairment, and the appellant did not provide the evidence or recording needed to show that excessive weight had been placed on those views.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' 'The publication of these reasons in a way which includes any details that may identify the parties is prohibited.']