AHB v NSW Trustee and Guardian

The appeal concerned the decision of the NSW Trustee and Guardian to sell the family home of a protected person, which decision had been upheld by the Administrative Decisions Tribunal and subsequently by an Appeal Panel. The appellant, AHB, sought to appeal these decisions to the Court of Appeal.

The Court of Appeal was required to determine whether the grounds of appeal raised any question of law or principle, and if so, to consider the merits of the appeal. Additionally, the Court was required to consider the appropriate orders regarding the costs of the appeal, particularly in light of the respondent's status as a model litigant and the circumstances surrounding the appeal.

The Court found that the grounds of appeal did not raise any question of law or principle, and therefore dismissed the appeal. In relation to costs, the Court noted that the respondent, as part of the executive government, was subject to the Model Litigant Policy. Given that the decision under appeal had not been acted upon and was no longer relevant, and that the respondent had not made efforts to avoid the need for a hearing, the Court determined that a departure from the ordinary rule that costs follow the event was justified.

Consequently, the appeal was dismissed, and no order was made as to the costs of the appeal.