JI and anor v Protective Commissioner (No 2) [2005] NSWADT 115

JI and anor v Protective Commissioner (No 2) [2005] NSWADT 115

Although the Tribunal was satisfied that it had power under s 85 of the Administrative Decisions Tribunal Act 1997 to make the proposed condition requiring release of funds from JI's estate, it would only do so by reference to the special-circumstances framework in s 88. The applicants did not establish special circumstances: the Tribunal was not persuaded that JI should bear JK's costs, the proceedings had resulted in affirmation of the Protective Commissioner's decision, and payment of costs would further deplete funds needed for JI's care and support. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Costs Application / Application for Costs Following Tribunal Decision Affirming the Office of the Protective Commissioner's Decision to Sell Ji's Turramurra Property
Outcome
Application for costs dismissed.
Legal Topics
['costs in Tribunal Proceedings' "release of Funds From Protected Person's Estate for Legal Costs" 'review of Protective Commissioner Decision' 'special Circumstances for Costs']
['administrative Law' 'protected Estates' 'costs'] ['costs in Tribunal Proceedings' "release of Funds From Protected Person's Estate for Legal Costs" 'review of Protective Commissioner Decision' 'special Circumstances for Costs']

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Procedural Posture

Costs Application / Application for Costs Following Tribunal Decision Affirming the Office of the Protective Commissioner's Decision to Sell Ji's Turramurra Property

Legal Issues

  1. 1 ["Whether the Tribunal should make an order or condition requiring the Protective Commissioner to release funds from JI's estate to meet the applicants' legal costs of the proceedings." 'Whether the Tribunal had power under s 85 of the Administrative Decisions Tribunal Act 1997 to impose such a condition on its earlier order.' 'Whether special circumstances existed warranting payment of costs from funds held by the Protective Commissioner on behalf of JI.' "Whether JI's incapacity and the management of her estate by the Protective Commissioner prevented her from commencing proceedings or retaining legal representatives to challenge the Protective Commissioner's decision."]

Ratio Decidendi

Although the Tribunal was satisfied that it had power under s 85 of the Administrative Decisions Tribunal Act 1997 to make the proposed condition requiring release of funds from JI's estate, it would only do so by reference to the special-circumstances framework in s 88. The applicants did not establish special circumstances: the Tribunal was not persuaded that JI should bear JK's costs, the proceedings had resulted in affirmation of the Protective Commissioner's decision, and payment of costs would further deplete funds needed for JI's care and support. The application was therefore dismissed.

Court Disposition

Application for costs dismissed.

Orders

  • ['The application of the applicants is dismissed.']