KHT [2023] NSWCATGD 4

KHT [2023] NSWCATGD 4

The Tribunal was not satisfied that special circumstances existed under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW). The circumstances of KHT's financial affairs, the prior failures of her late husband, the undisputed nature of the financial management application, and CZH's personal difficulties did not justify shifting CZH's legal costs to KHT's estate, particularly in the protective jurisdiction and in light of the general rule that parties bear their own costs.

Jurisdiction
Australia
Judgment Date
11 April 2023
Procedural Posture
Costs Application in Guardianship Division Proceedings Concerning a Financial Management Application / Ancillary Decision Determined on the Papers Without a Hearing
Outcome
The application for costs is dismissed.
Legal Topics
['costs in NCAT Guardianship Division Proceedings' 'special Circumstances for Costs Orders' 'protective Jurisdiction' 'dispensing With a Hearing for Ancillary Decisions']
['guardianship' 'administrative Law' 'costs'] ['costs in NCAT Guardianship Division Proceedings' 'special Circumstances for Costs Orders' 'protective Jurisdiction' 'dispensing With a Hearing for Ancillary Decisions']

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Procedural Posture

Costs Application in Guardianship Division Proceedings Concerning a Financial Management Application / Ancillary Decision Determined on the Papers Without a Hearing

Legal Issues

  1. 1 ['Whether the Tribunal could determine the costs application by a single member on the papers without a hearing.' 'Whether there were special circumstances under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) warranting an award of costs in favour of CZH.' "Whether CZH's legal costs should be paid on an indemnity basis out of KHT's estate."]

Ratio Decidendi

The Tribunal was not satisfied that special circumstances existed under s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW). The circumstances of KHT's financial affairs, the prior failures of her late husband, the undisputed nature of the financial management application, and CZH's personal difficulties did not justify shifting CZH's legal costs to KHT's estate, particularly in the protective jurisdiction and in light of the general rule that parties bear their own costs.

Court Disposition

The application for costs is dismissed.

Orders

  • ['The application for costs is dismissed.']