FPA v NSW Trustee and Guardian [2023] NSWCATAD 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FPA v NSW Trustee and Guardian [2023] NSWCATAD 248 Hearing dates: On the papers Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013, order that a hearing of the second respondent's application that the applicant pay the respondent's costs of the appeal be dispensed with. 2. The application by the second respondent for a costs order is refused. Catchwords: COSTS – whether special circumstances apply for an award of costs – party seeking costs not legally represented – party seeking costs made application to be joined to proceedings. Legislation Cited: Civil and Administrative Tribunal Rules 2014 Civil and Administrative Tribunal Act 2013 NSW Trustee and Guardian Act 2009 Cases Cited: Brodyn Pty Ltd – v- Owners Corporation – Strata Plan 73019 (No 2) [2016] Cripps v G & M Mawson [2006] NSWCA 84 FPA v NSW Trustee and Guardian [2023] NSWCATAD 136 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: FPA (Applicant) NSW Trustee and Guardian (First Respondent) FPM (Second Respondent) Representation: Counsel: N/A Solicitors: Self Represented (Applicant) Legal and Professional Services NSWTAG (First Respondent) Self Represented (Second Respondent) File Number(s): 2022/00325354 Publication restriction: Section 64 (1) NCAT Act applies to the identity of the protected person, the applicant and the second respondent.