OLL [2014] NSWCATGD 40

OLL [2014] NSWCATGD 40

Special circumstances warranted a costs order because Mr MBM's applications were not reasonably commenced, had no tenable basis in fact or law, and were frivolous or vexatious or otherwise misconceived or lacking in substance within s 60(3) of the Civil and Administrative Tribunal Act 2013 (NSW). The applications were unsupported by credible independent evidence, contradicted by professional evidence and Mrs OLL's expressed wishes, and formed part of intrusive and intimidating conduct toward Mrs OLL, her family and carers. Although standing could not be determined retrospectively after dismissal, the lack of substance and conduct of the proceedings justified an order for party/party costs...

Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Costs Application Ancillary to Applications to Review an Enduring Guardianship Appointment and an Enduring Power of Attorney / After Mr MBM Withdrew the Substantive Applications at Hearing and the Tribunal Dismissed Them
Outcome
Costs order made.
Legal Topics
['special Circumstances for Costs' 'protective Jurisdiction' 'enduring Guardianship Review' 'enduring Power of Attorney Review' 'standing' 'frivolous or Vexatious Proceedings' 'party/party Costs']
['guardianship' 'powers of Attorney' 'civil Procedure' 'costs'] ['special Circumstances for Costs' 'protective Jurisdiction' 'enduring Guardianship Review' 'enduring Power of Attorney Review' 'standing' 'frivolous or Vexatious Proceedings' 'party/party Costs']

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Procedural Posture

Costs Application Ancillary to Applications to Review an Enduring Guardianship Appointment and an Enduring Power of Attorney / After Mr MBM Withdrew the Substantive Applications at Hearing and the Tribunal Dismissed Them

Legal Issues

  1. 1 ['Whether there were special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an award of costs.' "Whether Mr MBM's substantive applications had no tenable basis in fact or law or were frivolous, vexatious, misconceived or lacking in substance." 'Whether the Tribunal could make a costs order on the basis that Mr MBM lacked standing after the substantive applications had been dismissed.' 'What basis and quantum of costs should be ordered.']

Ratio Decidendi

Special circumstances warranted a costs order because Mr MBM's applications were not reasonably commenced, had no tenable basis in fact or law, and were frivolous or vexatious or otherwise misconceived or lacking in substance within s 60(3) of the Civil and Administrative Tribunal Act 2013 (NSW). The applications were unsupported by credible independent evidence, contradicted by professional evidence and Mrs OLL's expressed wishes, and formed part of intrusive and intimidating conduct toward Mrs OLL, her family and carers. Although standing could not be determined retrospectively after dismissal, the lack of substance and conduct of the proceedings justified an order for party/party costs...

Court Disposition

Costs order made.

Orders

  • ['Mr MBM is to pay the costs of other parties on a party/party basis as agreed or assessed related to the proceedings concerning Mrs OLL, including the costs of the costs application.' "No order as to the costs of Mr MBM's defence of the costs application."]