KFE [2021] NSWCATGD 42

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KFE [2021] NSWCATGD 42 Hearing dates: 26 May 2021 Date of orders: 26 May 2021 Decision date: 26 May 2021 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr M Jarrett, Senior Member (Professional) K J McIvor, General Member (Community) Decision: In relation to the enduring power of attorney made by KFE (deceased) on 15 October 2010 which appointed KAJ as attorney the Tribunal determines, orders or declares: not to carry out a review of the operation and effect of the enduring power of attorney. The request by KAJ for costs is dismissed. Catchwords: REVIEW OF AN ENDURING POWER OF ATTORNEY – application to review the operation and effect of an enduring power of attorney – principal deceased at the time of application – whether Tribunal has power to review – whether Tribunal should order accounts – Tribunal exercises discretion not to conduct a review of the enduring power of attorney – no order made – application dismissed INTERLOCUTORY – standing – whether the applicant has standing to bring the application – applicant is an "interested person" – standing established COSTS – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether there are "special circumstances" to warrant a costs order – proceedings reasonably commenced – standing to bring application – no special circumstances – application dismissed Legislation Cited: Civil Administrative Tribunal Act 2013 (NSW), ss 36, 55, 60, 60(1)-(4) Court Security Act 2005 (NSW), s 9 Powers of Attorney Act 2003 (NSW), s 19, 35, 36, 36(1)-(2) Cases Cited: DPT [2015] NSWCATGD 3 KBX [2015] NSWCATGD 2 KTC [2011] NSWGT 23 MQN (No 2) [2018] NSWCATGD 47 Susan Elizabeth Parker v Margaret Catherine Higgins [2012] NSWSC 1516 UQH [2014] NSWCATGD 37 Texts Cited: None cited. Category: Principal judgment Parties: 007: Review of an Enduring Power of Attorney