AS by her tutor SS v NSW Public Guardian (No 2) [2022] NSWSC 708

Supreme Court New South Wales

Medium Neutral Citation: AS by her tutor SS v NSW Public Guardian (No 2) [2022] NSWSC 708 Hearing dates: 10 December 2021 and 15 March 2022 Date of orders: 31 May 2022 Decision date: 31 May 2022 Jurisdiction: Equity Before: Robb J Decision: (1) Dismiss the defendant's amended notice of motion filed on 14 March 2022. (2) Make no order for the costs of the proceedings with the intent that the parties should bear their own costs. (3) Note that for the avoidance of doubt the party known as SS is not personally liable for the defendant's costs of the proceedings. Catchwords: COSTS — party/party — exceptions to general rule that costs follow the event — administrative tribunals — appeal from decision of Guardianship Division of New South Wales Civil and Administrative Tribunal — appeal unsuccessful — appeal to Supreme Court commenced and carried on by plaintiff's sister in the plaintiff's name at plaintiff's request — order subsequently made by the Court subject to further order that the plaintiff's sister be appointed as the plaintiff's tutor — New South Wales Public Guardian seeks personal costs order against tutor — whether costs principles applicable in the Court's protective jurisdiction favour making no order as to costs where person under incapacity requests tutor to commence and carry on proceedings — no order as to costs with intent that parties bear own costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60; Pt 6 Divs 2, 3; Sch 6 cll 12, 14 Civil Procedure Act 2005 (NSW), s 98 NSW Trustee and Guardian Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 28.2, 42.1, 42.3, 42.21 Cases Cited: A v A [2015] NSWSC 1778 Al Mousawy bht Imelda Margaret Dodds v Howitt-Stevens Constructions Pty Ltd (No 2) [2010] NSWSC 1398 AS by her tutor SS v NSW Public Guardian [2021] NSWSC 889 Bligh v Tredgett (1852) 5 De G & Sm 73; 64 ER 1024 CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 CCR v PS (No 2) (1986) 6 NSWLR 622 Chapman v Freeman [1962] VR 259 KJ v SJ (No 2) [2020] NSWSC 1100 Murray v Kirkpatrick (1940) 57 WN (NSW) 162 P v NSW Trustee and Guardian [2015] NSWSC 579 Re K's Statutory Will (2017) 96 NSWLR 69; [2017] NSWSC 1711 Spina v Permanent Custodians Ltd [2009] NSWCA 206; (2009) 14 BPR 26,293 Thatcher v Scott [1968] 1 NSWR 556; (1968) 87 WN (Pt 1) (NSW) 461 Yakmor v Hamdoush (No 2) (2009) 76 NSWLR 148; [2009] NSWCA 284 Category: Costs Parties: AS by her tutor SS (Plaintiff) NSW Public Guardian (Defendant) NSW Trustee and Guardian (by leave) Representation: Counsel: SS (self-represented) A Rose (Defendant)