Gaetani v Schiliro (No 2) [2019] NSWSC 533

Gaetani v Schiliro (No 2) [2019] NSWSC 533

Neither party should have their costs paid by the other because the appeal was disposed on a point not contended by the defendant, both incurred costs on issues not dispositive, and to achieve a fair and just outcome neither should be awarded costs.

Parties
First Plaintiff: Gaetana Gaetani; Second Plaintiff: Ysabell Schiliro; Defendant: Barbara Schiliro
Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Appeal / Costs Determination After Appeal Disposition
Outcome
No order as to costs
Legal Topics
Costs, Appeals, Tribunal Review, Guardianship, Powers of Attorney
Civil Procedure Costs Appeals Tribunal Review Guardianship Powers of Attorney

Case Brief

Summary, issues, holding and outcome

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Parties

Gaetana Gaetani

First Plaintiff

Ysabell Schiliro

Second Plaintiff

Barbara Schiliro

Defendant

Procedural Posture

Appeal / Costs Determination After Appeal Disposition

Legal Issues

  1. 1 Whether costs should follow the event in the appeal from NCAT guardianship/power of attorney proceedings
  2. 2 Whether either party's conduct or submissions warrant a departure from the usual rule as to costs

Ratio Decidendi

Neither party should have their costs paid by the other because the appeal was disposed on a point not contended by the defendant, both incurred costs on issues not dispositive, and to achieve a fair and just outcome neither should be awarded costs.

Court Disposition

No order as to costs

Orders

  • No order as to costs; each party to bear their own costs.