DYH v Public Guardian (No 3) [2022] NSWCATAP 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYH v Public Guardian (No 3) [2022] NSWCATAP 34 Hearing dates: 10 September 2021 Date of orders: 09 February 2022 Decision date: 09 February 2022 Jurisdiction: Appeal Panel Before: I Coleman SC ADCJ, Principal Member Dr J Lucy, Senior Member Decision: (1) A hearing of the respondent's costs application is dispensed with. (2) The respondent's costs application is dismissed. Catchwords: COSTS – Whether there are special circumstances warranting an award of costs – Whether appeal was frivolous or vexatious or otherwise misconceived or lacking in substance – Whether appellants' claims had no tenable basis in fact or law – Relevance of Tribunal's objects to discretion to award costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Victorian Civil and Administrative Tribunal Act 1998 (Vic) Cases Cited: Asuzu v Council of the New South Wales Bar Association [2012] NSWCA 406 Choi v University of Technology Sydney [2020] NSWCATAP 18 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Dennis Family Corporation Pty Ltd v Casey CC (Red Dot) [2008] VCAT 691 DYH v Public Guardian (No 2) [2021] NSWCATAP 400 Feng v OzWood (Australia) Pty Ltd [2020] NSWCATAP 42 Fox v Commissioner of Police, New South Wales Police Force [2016] NSWCATAD 77 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Stonnington City Council v Blue Emporium Pty Ltd [2004] VCAT 1441 Category: Principal judgment Parties: DYH (First Appellant) EIV (Second Appellant) ENC (Third Appellant) Public Guardian (Respondent) Representation: Counsel: M Higgins (Respondent)