CZ v Public Guardian

[2008] NSWADTAP 42

Appeal Panel - External

CITATION:

CZ v Public Guardian & ors [2008] NSWADTAP 42

PARTIES:

APPELLANT
CZ

FIRST RESPONDENT
Public Guardian

SECOND RESPONDENT
Protective Commissioner

THIRD RESPONDENT
Justine Finlay

FOURTH RESPONDENT
DA

FIFTH RESPONDENT
DB

FILE NUMBER:

078014

HEARING DATES:

15 February 2008

SUBMISSIONS CLOSED:

15 February 2008

 
DATE OF DECISION: 

22 July 2008

BEFORE:

Britton A - Deputy President; Leal S - Judicial Member; Field B - Non Judicial Member

DECISION UNDER APPEAL:

Guardianship Tribunal Decision

FILE NUMBER UNDER APPEAL:

C/366680

DATE OF DECISION UNDER APPEAL:

09/06/2007

LEGISLATION CITED:

Guardianship Act 1987
Administrative Decisions Tribunal Act 1997
Protected Estates Act 1983

CASES CITED:

Attorney General for the State of New South Wales v X (2000) 49 NSWLR 653;
Azzopardi v Tasman UED Industries Ltd (1985) 4 NSWLR 149;
Haines v Leves (1987) 8 NSWLR 442;
IF v IG & Ors [2004] NSWADTAP 3;
JT and Anor v Protective Commissioner & Ors [2004] NSWADTAP 13;
Mifsud v Campbell (1991) 21 NSWLR 725;
Fightvision Pty Ltd v Onisforou (1999) 47 NSWLR 473;
Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24;
Pfizer Pty Ltd v Birkett [2001] FCA 828;
R v Hunt; Ex Parte Sean Investments Pty Ltd (1979) 180 CLR 322;
Re R [2000] NSWSC 886;
SH v Protective Commissioner and Ors [2006] NSWADTAP 4.

REPRESENTATION:

Mr Carr, solicitor

First Respondent
No appearance

Second Respondent
No appearance

Third Respondent
No appearance

Fourth Respondent
In person

Fifth Respondent
No appearance

ORDERS:

Appeal is dismissed.

1 The appellant, whom we will refer to in these reasons by the pseudonym ‘CZ’, appeals against the decision of the Guardianship Tribunal not to appoint him as his mother’s guardian and to appoint his sister-in-law to manage her estate. CZ’s mother, DB, the subject of the Guardianship Tribunal’s decision, is a 79-year-old woman who lives at home with CZ. She is physically frail and suffers from dementia.

2 In a decision made on 6 September 2007, the Guardianship Tribunal made the following orders: first, that DB’s estate be subject to a financial management order under the provisions of the Guardianship Act 1987; second, that CZ’s sister-in-law be appointed to manage the estate; third, that the application for a guardianship order in respect of DB be dismissed, and; fourth, that CZ’s appointment as his mother’s enduring guardian, be revoked.

3 CZ appeals all decisions except the revocation of his appointment as enduring guardian. One of his brothers, the fourth respondent, DA opposes the appeal.

4 In these proceedings CZ was legally represented. DA appeared in person. The first, second and third respondents, respectively the Public Guardian, the Protective Commissioner and the applicant in the proceedings before the Guardianship Tribunal, did not enter an appearance. DB attended the hearing but made no submissions. Ms Esther Cho appeared for the Guardianship Tribunal.

5 All references in these reasons to ‘the Tribunal’ are to the NSW Guardianship Tribunal.

Background

6 The initiating application to the Guardianship Tribunal for…