YGM v YGN (No 2) [2024] NSWCATAP 103
Special circumstances justifying an award of costs were not established, as the Appeal Panel was not satisfied Doug's conduct unnecessarily prolonged proceedings, the claims were not hopeless or vexatious, and the material filed was proper and necessary under procedural orders.
- Parties
- Appellant: YGM (Doug); First Respondent: YGN (Angela); Second Respondent: YGO (Kim); Third Respondent: YGP (Margaret); Fourth Respondent: YGQ (Ted); Fifth Respondent: YGR (Mark); Sixth Respondent: NSW Trustee and Guardian
- Jurisdiction
- Australia
- Judgment Date
- 05 June 2024
- Procedural Posture
- Appeal / Costs Application Post Appeal
- Outcome
- Application for costs refused
- Legal Topics
- Costs, Special Circumstances for Costs Awards, Fiduciary Duties Under Power of Attorney
Case Brief
Summary, issues, holding and outcome
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Parties
YGM (Doug)
Appellant
YGN (Angela)
First Respondent
YGO (Kim)
Second Respondent
YGP (Margaret)
Third Respondent
YGQ (Ted)
Fourth Respondent
YGR (Mark)
Fifth Respondent
NSW Trustee and Guardian
Sixth Respondent
Procedural Posture
Appeal / Costs Application Post Appeal
Legal Issues
- 1 Whether 'special circumstances' exist warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)
Ratio Decidendi
Special circumstances justifying an award of costs were not established, as the Appeal Panel was not satisfied Doug's conduct unnecessarily prolonged proceedings, the claims were not hopeless or vexatious, and the material filed was proper and necessary under procedural orders.
Court Disposition
Application for costs refused
Orders
- The application for costs made by the second respondent is refused.
Full Case Text
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