FPA v NSW Trustee and Guardian [2023] NSWCATAD 248

FPA v NSW Trustee and Guardian [2023] NSWCATAD 248

The Tribunal refused the costs application because it was not satisfied that special circumstances under s 60(3) of the Civil and Administrative Tribunal Act 2013 were enlivened. FPA's application was an exercise of a statutory right to review the NSW Trustee's decision to sell the property and was not shown to be unorthodox, out of the ordinary, vexatious, lacking in substance, or to have unnecessarily disadvantaged the other parties in the current proceedings. FPM was self-represented, the NSW Trustee and Guardian did not make its own costs application, and FPM had sought and obtained joinder in proceedings in which her role was less significant than the contest between FPA and the NSW...

Jurisdiction
Australia
Judgment Date
20 September 2023
Procedural Posture
Costs Application in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales / Following Dismissal of Fpa's Substantive Application; Second Respondent's Costs Application Determined on the Papers
Outcome
Application by the second respondent for a costs order refused; hearing of the costs application dispensed with and application dealt with on the papers.
Legal Topics
['special Circumstances for Costs Under S 60 of the Civil and Administrative Tribunal Act 2013' 'dispensing With a Hearing Under S 50(2) of the Civil and Administrative Tribunal Act 2013' 'administrative Review of NSW Trustee and Guardian Decision' 'self Represented Parties']
['administrative Law' 'costs' 'tribunal Procedure'] ['special Circumstances for Costs Under S 60 of the Civil and Administrative Tribunal Act 2013' 'dispensing With a Hearing Under S 50(2) of the Civil and Administrative Tribunal Act 2013' 'administrative Review of NSW Trustee and Guardian Decision' 'self Represented Parties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales / Following Dismissal of Fpa's Substantive Application; Second Respondent's Costs Application Determined on the Papers

Legal Issues

  1. 1 ["Whether a hearing of the second respondent's costs application should be dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013." 'Whether special circumstances existed under s 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs in favour of the second respondent.' "Whether the conduct of FPA's proceedings was vexatious, lacking in substance, or unreasonably prolonged the proceedings." 'Whether costs said to have been incurred by the NSW Trustee and Guardian or by or for the protected person should be considered where the NSW Trustee and Guardian did not make a costs application.']

Ratio Decidendi

The Tribunal refused the costs application because it was not satisfied that special circumstances under s 60(3) of the Civil and Administrative Tribunal Act 2013 were enlivened. FPA's application was an exercise of a statutory right to review the NSW Trustee's decision to sell the property and was not shown to be unorthodox, out of the ordinary, vexatious, lacking in substance, or to have unnecessarily disadvantaged the other parties in the current proceedings. FPM was self-represented, the NSW Trustee and Guardian did not make its own costs application, and FPM had sought and obtained joinder in proceedings in which her role was less significant than the contest between FPA and the NSW...

Court Disposition

Application by the second respondent for a costs order refused; hearing of the costs application dispensed with and application dealt with on the papers.

Orders

  • ["Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013, order that a hearing of the second respondent's application that the applicant pay the respondent's costs of the appeal be dispensed with." 'The application by the second respondent for a costs order is refused.']