ZXJ v ZXK (no 2) [2023] NSWCATAP 76

ZXJ v ZXK (no 2) [2023] NSWCATAP 76

The Tribunal exercised its discretion under s 60(4) of the Civil and Administrative Tribunal Act 2013 (NSW) to fix costs due to protracted proceedings and likelihood of contested assessment, awarding $32,312.25 for costs reasonably incurred and wasted by the appellant because of material served by the Daughters largely irrelevant to the capacity issue. No special circumstances were found for awarding costs in the appeal, so each party must bear their own costs.

Jurisdiction
Australia
Judgment Date
15 March 2023
Procedural Posture
Appeal / Post Appeal, Costs Determination
Outcome
Costs awarded in fixed sum for Tribunal proceedings; application for appeal costs refused.
Legal Topics
['costs' 'guardianship Orders' 'appeals' 'special Circumstances']
['civil Procedure' 'guardianship'] ['costs' 'guardianship Orders' 'appeals' 'special Circumstances']

Case Brief

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Procedural Posture

Appeal / Post Appeal, Costs Determination

Legal Issues

  1. 1 ['Should the discretion to fix costs under s 60(4) of the Civil and Administrative Tribunal Act 2013 (NSW) be exercised?' 'What amount should be fixed for costs?' 'Are there special circumstances warranting an award of costs for the appeal?']

Ratio Decidendi

The Tribunal exercised its discretion under s 60(4) of the Civil and Administrative Tribunal Act 2013 (NSW) to fix costs due to protracted proceedings and likelihood of contested assessment, awarding $32,312.25 for costs reasonably incurred and wasted by the appellant because of material served by the Daughters largely irrelevant to the capacity issue. No special circumstances were found for awarding costs in the appeal, so each party must bear their own costs.

Court Disposition

Costs awarded in fixed sum for Tribunal proceedings; application for appeal costs refused.

Orders

  • ['The first and second respondents must pay to the appellant $32,312.25 for the costs of the Tribunal proceedings.' "The appellant's application for costs in the appeal is refused."]