ZHH v ZHI (No 2) [2018] NSWCATAP 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZHH v ZHI (No 2) [2018] NSWCATAP 193 Hearing dates: Final written submissions received 30 July 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President A Britton, Principal Member M Bolt, General Member Decision: (1) A hearing on the application for costs is dispensed with. (2) The appellant's application for costs is refused. Catchwords: COSTS – whether special circumstances exist – whether Appeal Panel has power to order costs under the Suitor's Fund Act 1951 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Suitors' Fund Act 1951 (NSW) Cases Cited: Berger v Boulder Projects Pty Ltd [2015] NSWCATAP 274 Gaynor v Burns [2015] NSWCATAP 150 ZHH v ZHI [2018] NSWCATAP 107 Category: Costs Parties: ZHH (Appellant) ZHI (First Respondent) ZHJ (Second Respondent) ZHK (Third Respondent) ZHL (Fourth Respondent) Public Guardian (Fifth Respondent) NSW Trustee and Guardian (Sixth Respondent) Representation: Counsel: P Lowson (First Respondent)

Solicitors: Konstan Lawyers (First Respondent) File Number(s): AP 17/54163 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013 (NSW) publication of the names of the parties to the proceedings and witnesses in the Tribunal below is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 12 October 2017 Before: R Bailey, Senior Member (Legal); C Kennedy, Senior Member (Professional); M Oxenham, General Member (Community) File Number(s): 2017/00196990