ZYI v Public Guardian [2022] NSWCATAP 286

ZYI v Public Guardian [2022] NSWCATAP 286

A material change in the Subject Person's circumstances since the original hearing—the discharge from hospital to home—warrants exercising discretion under s 80(3) CAT Act to deal with the appeal by way of a new hearing and permit provision of fresh evidence, even though no error of law is established.

Jurisdiction
Australia
Judgment Date
05 September 2022
Procedural Posture
Internal Appeal / Directions/orders for New Hearing
Outcome
Appeal to be dealt with by way of a new hearing with directions for evidence and submissions.
Legal Topics
['guardianship Orders' 'appeals' 'discretion to Deal With Appeal by Way of New Hearing' 'material Change in Circumstances' 'accommodation Decisions']
['guardianship' 'administrative Law'] ['guardianship Orders' 'appeals' 'discretion to Deal With Appeal by Way of New Hearing' 'material Change in Circumstances' 'accommodation Decisions']

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Procedural Posture

Internal Appeal / Directions/orders for New Hearing

Legal Issues

  1. 1 ['Whether the Public Guardian should continue as decision-maker regarding accommodation for the Subject Person' 'Whether the appeal should be dealt with by way of a new hearing' 'Whether any error of law was committed in the appointment of the Public Guardian']

Ratio Decidendi

A material change in the Subject Person's circumstances since the original hearing—the discharge from hospital to home—warrants exercising discretion under s 80(3) CAT Act to deal with the appeal by way of a new hearing and permit provision of fresh evidence, even though no error of law is established.

Court Disposition

Appeal to be dealt with by way of a new hearing with directions for evidence and submissions.

Orders

  • ['Pursuant to s 80(3) of the CAT Act the appeal is to be dealt with by way of a new hearing.' 'All evidence and submissions that were before the Tribunal at first instance together with all evidence and submissions filed to date in this appeal will be considered to have been given in the new hearing before the...