As by her tutor SS v NSW Public Guardian (No 2)

The case involves an appeal by the New South Wales Public Guardian seeking a personal costs order against the tutor of an incapacitated person. The matter was initially heard in the Guardianship Division of the New South Wales Civil and Administrative Tribunal, and the appeal was taken to the Supreme Court of New South Wales. The incapacitated person's sister, who acted as her tutor, commenced and carried on the appeal at her request. The Public Guardian sought a personal costs order against the tutor, arguing that the principles of costs in the court's protective jurisdiction should be applied to make such an order. The central legal issue was whether the principles of costs applicable in the court's protective jurisdiction supported making a personal costs order against the tutor when the incapacitated person requested that her tutor commence and continue the proceedings.

The court held that the principles of costs in the court's protective jurisdiction did not support making a personal costs order against the tutor in this situation. The court reasoned that the incapacitated person had requested her tutor to commence and continue the proceedings, and the court should not make a personal costs order against the tutor in such circumstances. The court emphasised that the protective jurisdiction of the court was designed to safeguard the interests of incapacitated persons, and it was appropriate for the parties to bear their own costs. This approach ensured that the incapacitated person's interests were prioritised and that there was no undue financial burden on the tutor. The court concluded that no personal costs order should be made against the tutor, and the parties should bear their own costs.

The final orders of the court were that no personal costs order be made against the tutor, and each party bear their own costs. The court's decision reinforced the importance of protecting the interests of incapacitated persons and ensuring that the principles of costs in the court's protective jurisdiction are applied appropriately in such cases.