YJV v YJW [2024] NSWCATAP 255

YJV v YJW [2024] NSWCATAP 255

The Brother's unexplained and unsupported failure to inform the appellants of their mother's death until the eve of the appeal hearing unnecessarily disadvantaged the appellants and caused them to incur unnecessary costs, constituting 'special circumstances' warranting an indemnity costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW); the fixed sum for post-death costs was fair and reasonable.

Parties
First Appellant: YJV; Second Appellant: YKB; Third Appellant: YKA; First Respondent: YJW; Second Respondent: NSW Public Guardian; Third Respondent: NSW Trustee and Guardian; Fourth Respondent: YKC; Fifth Respondent: YXD
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Appeal / Decision on Costs Following Withdrawal of Internal Appeal
Outcome
Costs ordered against YXD in a fixed sum to be paid within 14 days.
Legal Topics
Special Circumstances for Awarding Costs, Indemnity Costs, Fixed Sum Costs, Conduct of Parties, Guardianship Appeals
Costs Special Circumstances for Awarding Costs Indemnity Costs Fixed Sum Costs Conduct of Parties Guardianship Appeals

Case Brief

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Parties

YJV

First Appellant

YKB

Second Appellant

YKA

Third Appellant

YJW

First Respondent

NSW Public Guardian

Second Respondent

NSW Trustee and Guardian

Third Respondent

YKC

Fourth Respondent

YXD

Fifth Respondent

Procedural Posture

Appeal / Decision on Costs Following Withdrawal of Internal Appeal

Legal Issues

  1. 1 Whether 'special circumstances' exist under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) to warrant a costs order
  2. 2 Whether indemnity costs should be awarded
  3. 3 Whether costs should be awarded in a fixed sum

Ratio Decidendi

The Brother's unexplained and unsupported failure to inform the appellants of their mother's death until the eve of the appeal hearing unnecessarily disadvantaged the appellants and caused them to incur unnecessary costs, constituting 'special circumstances' warranting an indemnity costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW); the fixed sum for post-death costs was fair and reasonable.

Court Disposition

Costs ordered against YXD in a fixed sum to be paid within 14 days.

Orders

  • Within 14 days the Brother (YXD) is to pay the appellants' costs in the sum of $11,340.