EKC [2024] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EKC [2024] NSWCATGD 6 Hearing dates: On the papers Date of orders: 13 May 2024 Decision date: 13 May 2024 Jurisdiction: Guardianship Division Before: E M Connor, Senior Member Decision: (1) A hearing of the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) DYC, BZB and NBN are to pay to EKC the costs incurred by him after 16 November 2023 in relation to the proceedings set down for a substantive hearing on 4 December 2024 as agreed or failing agreement as assessed. Catchwords: COSTS – application for costs in Guardianship Division proceedings – discretion to dispense with a hearing – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether there are "special circumstances" to warrant a costs order – where applications lacked substance and were unsupported by medical evidence – applications withdrawn the day before the hearing – finding that the proceedings were unreasonably prolonged in a way that disadvantaged the subject person – exercise of discretion to make a costs order in favour of the subject person – order made Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), ss 4(1), 27(1), 36(1), 36(4), 38(5)(c), 50, 50(2), 60, 60(1)-(3), 60(3)(a); Sch 6, cl 6(2) Guardianship Act 1987 (NSW), s 4 Cases Cited: Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Gelder v The Owners – Strata Plan No 38308 [2021] NSWCATAP 109 James v Department of Justice (Corrective Services NSW) (No2) [2022] NSWCATAP 216 Kaye v The Owners – Strata Plan No 4350 [2022] NSWSC 1386 OLL [2014] NSWCATGD 40 ZSJ v ZSK [2021] NSWCATAP 144 ZXJ v ZXK [2022] NSWCATAP 371 Texts Cited: None cited. Category: Costs Parties: 001: Guardianship Application