BMD and JDN and KWD

The matter before the Court involved the appointment of a plenary administrator for a represented person, BMD. The applicants, JDN and KWD, sought the appointment of an administrator to investigate a contract and to have the legal costs of the application paid from the represented person's estate. The Court had to determine whether the rule that parties bear their own costs should be set aside and whether the represented person should be ordered to pay a contribution to the applicants' legal costs. The applicants argued that the represented person's estate had sufficient funds to cover the costs and that the interests of justice required the costs to be paid from the estate.

The legal issues before the Court were whether the application for costs should be made out of the represented person's estate and whether the represented person should be ordered to pay a contribution to the applicants' legal costs. The Court considered the relevant factors in determining costs applications, including the circumstances of the case, the conduct of the parties, and the interests of justice. The Court also considered the rule that parties bear their own costs and whether it should be set aside in this case.

The Court found that the interests of justice required the legal costs of the applicants to be paid out of the represented person's estate. The Court considered that the represented person had sufficient funds to cover the costs and that the applicants had acted reasonably in bringing the application. The Court also found that the represented person should be ordered to pay a contribution to the applicants' legal costs, having regard to the overall circumstances of the case. The Court noted that the represented person had not opposed the application for costs and that the applicants had acted reasonably in bringing the application.

The Court ordered that the legal costs of the applicants be paid out of the represented person's estate and that the represented person pay a contribution to the applicants' legal costs. The Court also directed the administrator to investigate whether an application should be made to set aside a contract. The Court's decision provides guidance to practitioners on the factors to be considered in determining costs applications and the circumstances in which the rule that parties bear their own costs may be set aside.