Waverley Council v Bobolas [2010] NSWLEC 165

Waverley Council v Bobolas [2010] NSWLEC 165

Given the pending appeal to the Supreme Court against the appointment of guardian and financial manager, the settlement of costs and any associated proceedings affecting the first respondent are stayed, necessitating adjournment of the costs motion.

Parties
Applicant: Waverley Council; First Respondent: Mary Bobolas; Second Respondent: Elena Bobolas; Third Respondent: Liana Bobolas; Guardian and Financial Manager of First Respondent: NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
31 August 2010
Procedural Posture
Costs Application Following Class 4 Civil Enforcement / Adjourned Pending Outcome of Supreme Court Appeal
Outcome
Proceedings stood over pending outcome of Supreme Court appeal.
Legal Topics
Costs Application, Approval of Settlement for Person Under Legal Incapacity, Stay of Guardianship Tribunal Decisions on Appeal
Civil Procedure Guardianship Law Costs Application Approval of Settlement for Person Under Legal Incapacity Stay of Guardianship Tribunal Decisions on Appeal

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Parties

Waverley Council

Applicant

Mary Bobolas

First Respondent

Elena Bobolas

Second Respondent

Liana Bobolas

Third Respondent

NSW Trustee and Guardian

Guardian and Financial Manager of First Respondent

Procedural Posture

Costs Application Following Class 4 Civil Enforcement / Adjourned Pending Outcome of Supreme Court Appeal

Legal Issues

  1. 1 Whether the proposed settlement of costs application against a respondent under legal incapacity requires court approval under s 76 Civil Procedure Act 2005
  2. 2 Whether the appeal to the Supreme Court against the appointment of guardian/financial manager stays the Guardianship Tribunal decision and impacts these proceedings

Ratio Decidendi

Given the pending appeal to the Supreme Court against the appointment of guardian and financial manager, the settlement of costs and any associated proceedings affecting the first respondent are stayed, necessitating adjournment of the costs motion.

Court Disposition

Proceedings stood over pending outcome of Supreme Court appeal.

Orders

  • Council's notice of motion stood over for directions before the List Judge on 24 September 2010.
  • Liberty to apply on three days' notice.