JI and anor v Protective Commissioner (No 2) [2005] NSWADT 115

CITATION: JI and anor v Protective Commissioner (No 2) [2005] NSWADT 115 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: General Division APPLICANTS PARTIES: JI and JK RESPONDENT Protective Commissioner FILE NUMBER: 033353 HEARING DATES: 29/04/2005 SUBMISSIONS CLOSED: 05/20/2005 DATE OF DECISION: 05/26/2005

BEFORE: Innes G - Judicial Member APPLICATION: Costs MATTER FOR DECISION: Costs LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Protected Estates Act 1983 CASES CITED: Mangoplah Pastoral Co. Pty Ltd v. Great Southern Energy (No. 2) (2000) NSW ADT 4 David v David (1993) 30 NSWLR 417 APPLICANTS REPRESENTATION: R Pepper, counsel RESPONDENT T Tunbridge, solicitor ORDERS: Application for costs dismissed

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.