ZKS v ZKT [2019] NSWCATAP 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZKS v ZKT [2019] NSWCATAP 72 Hearing dates: On the papers Date of orders: 29 March 2019 Decision date: 29 March 2019 Jurisdiction: Appeal Panel Before: A Britton, Principal Member Decision: (1) A hearing on the application for costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The appellant must pay the costs incurred by the Trustee in opposing the application for a stay of the decision under appeal, as agreed or assessed. Catchwords: COSTS — whether special circumstances warranting an award of costs are established

WORDS AND PHRASES — meaning of phrase "special circumstances" in s 60(1) of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) NSW Trustee and Guardian Regulation 2017 (NSW) Cases Cited: eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 Category: Costs Parties: ZKS (Appellant) ZKT (First Respondent) Representation: In person (Appellant) No appearance (First Respondent) J Brouer, Solicitor (Second Respondent) File Number(s): AP 18/52134 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: unreported, A R Boxall, M J Staples, R Royer, 22 August 2018 Date of Decision: 22 August 2018 Before: A R Boxall, Senior Member (Legal) M J Staples, Senior Member (Professional) R Royer, General Member (Community) File Number(s): 2018/52134