OKK [2015] NSWCATGD 42

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OKK [2015] NSWCATGD 42 Hearing dates: 21 October 2015 Date of orders: 21 October 2015 Decision date: 21 October 2015 Jurisdiction: Guardianship Division Before: B Shipp, Senior Member (Legal) J Wortley, Senior Member (Professional) A Wannan, General Member (Community) Decision: The Tribunal refused the application for costs. Catchwords: COSTS – application to review enduring power of attorney by manager of aged care facility – application to withdraw prior to hearing – consent by parties and Tribunal – application dismissed – application for costs by attorneys – whether special circumstances – proceedings reasonably commenced – standing to bring application – proceedings not frivolous or vexatious – no special circumstances – application dismissed Legislation Cited: Aged Care Act 1997 (Cth) Civil and Administrative Tribunal Act 2013 (NSW), ss 3, 36, 38(5), 60(3) Guardianship Act 1987 (NSW), s 4 Powers of Attorney Act 2003 (NSW), ss 26(1), 35(1)(d), 35(4) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brooks Maher v Cheung (2001) NSWADT 18 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Hatchett v Bowater Tuff Industries Pty Ltd (No 2) (1991) 28 FCR 324 Hopkins v Governor General of Australia [2013] NSWSC 1068 JF Keir Pty Ltd v Sparks [2008] FCA 611 Kondos v Citadin Pty Ltd (LSD) [2003] NSWADATP7 Lai Quin (1997) 186 CLR 622 OLL (2014) NSWCATGD 40 TPJ [2015] NSWCATGD 15 Whiteoak v State of NSW [2014] NSWCATAD 45 Category: Costs Parties: Mrs OKK (subject person) Representation: Legal Representatives: Ms Karen Jones, Barrister (for Ms NLE) Ms Emma McFarlane (for Ms NLE) Ms Alexandra Rose, Barrister (for the attorneys) Mr George Elias (for the attorneys) File Number(s): 58998 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)).