CGB (No 3)

[2016] QCAT 189

CITATION: CGB (No 3) [2016] QCAT 189

PARTIES: CGB
(Applicant)

APPLICATION NUMBER: GAA12185-15

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Member Joachim

DELIVERED ON: 20 June 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    No order is made as to costs.

CATCHWORDS:

ADMINISTRATION – COSTS – where Tribunal conducted a review of the administrators – where daughter of adult seeks information from administrators – where no application received – where Tribunal continues appointment of administrators – where parties seek costs

Guardianship and Administration Act 2000 (Qld), s 31, s 47, s 127
Queensland Civil and Administration Act 2009 (Qld), s 7, s 100, s 102

BXE [2015] QCAT 253
CGB (No 2) [2016] QCAT 089

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REPRESENTATIVES:

DAJ represented by Mr D Morgan of Counsel instructed by Minter Ellison.
SBK represented by Mr G Radcliff of Counsel instructed by Cooper Maloy Legal.

REASONS FOR DECISION

1. CGB is a self-made millionaire. He lives in a residential aged care facility on the Gold Coast. His financial interests include an accommodation bond, a quarry, a mine and large amounts of cash in bank deposits. He also owns industrial properties. The Public Trustee of Queensland is appointed to manage all of his financial affairs except for various properties and investments, for which SBK is appointed administrator. These appointments were last made on 7 April 2016[1] following a hearing at Southport.

   [1]CGB (No 2) [2016] QCAT 089.

2. These latest appointments followed a review of the appointment of the administrators, which was initiated by the Tribunal. The administrators were appointed initially in 2014, and subsequently in 2015 their appointments were continued. The Tribunal initiated the review of the administrator’s appointments when the Tribunal received SBK’s financial management plan for CGB, which did not satisfy the Tribunal in terms of the viability of the approach being taken, and the non-inclusion of a budget.

3. Following the review, under s 31 of the Guardianship and Administration Act 2000 (Qld) (GAA Act), the Tribunal continued the appointments of the Public Trustee and SBK. Detailed reasons[2] for that decision were delivered on 24 May 2016. Following brief submissions on 7 April 2016 at the end of the hearing, parties were directed to provide written submissions as to costs as it was evident that costs were being sought by more than one party.

   [2]Ibid.

4. The relevant legislative provisions for this matter are contained in s 127 of the GAA Act. The cost provisions in the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) do not apply to the circumstances of this matter as explained below.

5. The starting point for costs in a guardianship matter is that each party in a proceeding is to bear their own costs. If however, the Tribunal finds that there are exceptional circumstances, including for example if the Tribunal…