NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Waverley Council v Bobolas [2010] NSWLEC 165
APPLICANT: Waverley Council
FIRST RESPONDENT: Mary Bobolas PARTIES : SECOND RESPONDENT: Elena Bobolas
THIRD RESPONDENT: Liana Bobolas
FILE NUMBER(S) : 40916 of 2006
CORAM: Biscoe J
KEY ISSUES: PRACTICE AND PROCEDURE :- costs application - proposed settlement of costs application as between applicant and guardian and financial manager of respondent appointed by Guardianship Tribunal - settlement requires approval of Court under s 76 Civil Procedure Act 2005 because respondent a person under legal incapacity –appeal to Supreme Court against orders appointing guardian and financial manager – appeal operates as stay of orders pursuant to s 67(5) Guardianship Act 1987 subject to any interlocutory order made by Supreme Court - costs application adjourned to see what transpires in Supreme Court
LEGISLATION CITED: Civil Procedure Act 2005, s 3 Guardianship Act 1987, s 67(5)
CASES CITED: Waverley Council v Bobolas [2010] NSWLEC 157
DATES OF HEARING: 31 August 2010
EX TEMPORE JUDGMENT DATE : 31 August 2010
APPLICANT: Mr M Staunton, barrister SOLICITORS: Staunton Beattie
RESPONDENTS: LEGAL REPRESENTATIVES: Mr E Bobolas (in person) SOLICITORS n/a
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