GZN [2016] NSWCATGD 78

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GZN [2016] NSWCATGD 78 Hearing dates: On the papers Date of orders: 03 March 2016 Decision date: 03 March 2016 Jurisdiction: Guardianship Division Before: J Redfern, Principal Member Decision: 1. Application to be joined as a party dismissed 2. Application for costs dismissed. Catchwords: INTERLOCUTORY APPLICATION – application to be joined as a party – whether separate representative can and should be joined as a party for the sole purpose of an application for costs – s 4 principles – where joining a party would give greater weight to factors other than the subject person's best interests – application dismissed.

COSTS – application for costs by non-party – whether Tribunal has power to order costs for a non-party – whether separate representative entitled to costs – interpretation of s 60 of the CAT Act – Tribunal's power not analogous to that of a Court – application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 4(1), 36, 36(1), 36(3), 36(5), 38, 44, 44(1), 45, 45(4)(c), 45(5), 50(2), 60, 60(1)-(3), 60(3)(a)-(g), 60(4), 60(5)(a); Sch 6, Pt 5 of Sch 6, cl 5(1) of Sch 6, cls 6-7 of Sch 6 Civil Procedure Act 2005 (NSW), ss 98, 98(1)-(2) Interpretation Act 1987 (NSW), s 21(1) Guardianship Act 1987 (NSW), ss 4, 69 Legal Aid Commission Act 1979 (NSW), ss 6(1)-(2), 12(b), 46, 46(1)-(3) Civil and Administrative Tribunal Regulation 2013 (NSW), reg 7 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: NCAT Guardianship Division Procedural Direction 1 Category: Principal judgment Parties: GZN (subject person) Legal Aid NSW (applicant) The Public Guardian (guardian) The NSW Trustee and Guardian, as financial manager Representation: L Rogers (separate representative) File Number(s): C/50368 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)).