ZZJ v NSW Trustee and Guardian [2022] NSWCATAP 397

ZZJ v NSW Trustee and Guardian [2022] NSWCATAP 397

The Tribunal did not deny procedural fairness to the appellant or mother, correctly applied statutory provisions regarding guardianship and financial management, had regard to relevant evidence and submissions, and findings were reasonably open on the evidence. The appeal raised no error of law or principle warranting leave to appeal or a new hearing. The appeal was dismissed.

Jurisdiction
Australia
Judgment Date
21 December 2022
Procedural Posture
Appeal / Orders After Hearing of Internal Appeal; Application for Leave to Appeal and for New Hearing
Outcome
Appeal dismissed; leave to appeal refused; new hearing refused.
Legal Topics
['procedural Fairness' 'guardianship Orders' 'appointment of Financial Manager' 'leave to Appeal' 'effect of Family Conflict on Appointment of Guardian' 'protective Jurisdiction' 'criteria for Revoking Financial Management Orders']
['civil Procedure' 'guardianship Law' 'administrative Law'] ['procedural Fairness' 'guardianship Orders' 'appointment of Financial Manager' 'leave to Appeal' 'effect of Family Conflict on Appointment of Guardian' 'protective Jurisdiction' 'criteria for Revoking Financial Management Orders']

Case Brief

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Procedural Posture

Appeal / Orders After Hearing of Internal Appeal; Application for Leave to Appeal and for New Hearing

Legal Issues

  1. 1 ['Whether procedural fairness was denied to the mother or the appellant in guardianship and financial management proceedings' 'Whether the Tribunal misapplied sections 15(3) and 17(1) of the Guardianship Act 1987 (NSW)' 'Whether the Tribunal had regard to relevant evidence about the appointment/removal of a guardian or manager' "Whether applicant's evidence required a different outcome on the guardianship and financial management orders" 'Whether leave to appeal and/or a new hearing should be granted']

Ratio Decidendi

The Tribunal did not deny procedural fairness to the appellant or mother, correctly applied statutory provisions regarding guardianship and financial management, had regard to relevant evidence and submissions, and findings were reasonably open on the evidence. The appeal raised no error of law or principle warranting leave to appeal or a new hearing. The appeal was dismissed.

Court Disposition

Appeal dismissed; leave to appeal refused; new hearing refused.

Orders

  • ['Leave to appeal against the decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal on 27 July 2022, is refused.' 'The Appeal Panel declines to exercise the discretion under s 80(3) of the Civil and Administrative Tribunal Act 2013 (NSW) to deal by way of a new hearing the appeal...