TPJ [2015] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TPJ [2015] NSWCATGD 15 Hearing dates: 12 March 2015 Date of orders: 17 March 2015 Decision date: 17 March 2015 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) Decision: Cost application dismissed Catchwords: COSTS – application for guardianship orders dismissed at substantive hearing – application for costs – standing – frivolous and vexatious – nature and complexity of issues – no special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: ACJ (No 2) [2007] NSWGT 24 DCN [2011] NSWGT 26 Lai Quin (1997) 186 CLR 622 OLL [2014] NSWCATGD­­ 40 SWN [2011] NSWGT 5 Category: Costs Parties: Mr QNJ (costs applicant) Mr IBJ (costs respondent) Representation: Legal Representatives File Number(s): 57575 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW))

REASONS FOR DECISION

What the Tribunal decided 1. The Tribunal decided to dismiss the costs application.

Background

The proceedings by Mr QNJ and the principal family members 1. This costs application, made by Mr IBJ, arose from proceedings in the Guardianship Division of this Tribunal commenced by his son Mr QNJ. On 2 October 2014 the Tribunal received from Mr QNJ an application seeking the appointment of a guardian for his mother, Mrs TPJ. The hearing of that application was conducted at Balmain, for a full day, on 29 November 2014. 2. Mrs TPJ was 93 years of age at the time of the hearing. She is of Jewish heritage and culture. She is married to Mr IBJ. Mr and Mrs TPJ's two children are Mrs ORT and Mr QNJ. Mrs ORT is a qualified and admitted lawyer. Mr QNJ is a senior anaesthetist in private practice at Sydney and a Visiting Medical Officer at a public hospital, although he has not worked at that hospital in a clinical capacity since April 2012.Mrs ORT's daughter and Mrs TPJ's grand-daughter is Ms MVT. She is also a qualified and admitted lawyer.