NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MQN (No. 3) [2018] NSWCATGD 48 Hearing dates: 24 October 2018 Date of orders: 24 October 2018 Decision date: 24 October 2018 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) Decision: The costs application is dismissed after hearing. Catchwords: COSTS – application for costs in guardianship proceedings – s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) – whether there are "special circumstances" to warrant a costs order – protective jurisdiction – consideration of the relevant issues in the Guardianship Division to make costs order – where there are reasonable explanations for the manner in which proceedings were conducted – adversarial proceedings – no "special circumstances" to warrant a costs order – costs application dismissed. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 36(1), 36(3), 38(2), 60, 60(2), 60(2)(b)-(f), 60(3) Guardianship Act 1987 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Costs Parties: 002: Financial Management Application
MQN (the person) NZG (applicant) DVN (attorney) MBL (joined party) NSW Trustee and Guardian
003: Review of an Enduring Power of Attorney
MQN (the person) NZG (applicant) DVN (attorney) MBL (joined party) Representation: For DVN Counsel: T Alexis SC Solicitors: Dunstan Legal
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