G and L & ANOR [2007] WASAT 232

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2007] WASAT 232
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:270/2007	Heard:	DETERMINED ON THE DOCUMENTS
Coram:	MS J TOOHEY (SENIOR MEMBER)	Delivered:	6/09/07
No of pages:	9	Judgment Part:	1 of 1
Result:	Respondents to pay applicant's costs of $4000 pursuant to s 87(1) of the State Administrative Tribunal Act 2004 (WA) Application for costs pursuant to s 16(4) of the Guardianship and Administration Act 1990 (WA) dismissed
Category:	B
PDF Version

Parties:	G L R
Catchwords:	Administration Guardianship Application for review of administration order dismissed Application for injunction dismissed Costs sought under s 87 of the State Administrative Tribunal Act 2004 (WA) Costs also sought under s 16(4) of the Guardianship and Administration Act 1990 (WA) Trustees Order made for costs under s 87(1) of the State Administrative Tribunal Act 2004 (WA) Application for costs under Guardianship and Administration Act 1990 (WA) dismissed
Legislation:	Guardianship and Administration Act 1990 (WA), s 16(4) State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (WA), s 427 State Administrative Tribunal Act 2004 (WA), s 87(1)
Case References:	Nil

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : G and L & ANOR [2007] WASAT 232 MEMBER : MS J TOOHEY (SENIOR MEMBER) HEARD : DETERMINED ON THE DOCUMENTS DELIVERED : 6 SEPTEMBER 2007 FILE NO/S : GAA 270 of 2007

GAA 271 of 2007

GAA 272 of 2007

GAA 273 of 2007

BETWEEN : G

Applicant

AND

Respondents

Catchwords:

Administration - Guardianship - Application for review of administration order dismissed - Application for injunction dismissed - Costs sought under s 87 of the State Administrative Tribunal Act 2004 (WA) - Costs also sought under s 16(4) of the Guardianship and Administration Act 1990 (WA) - Trustees - Order made for costs under s 87(1) of the State Administrative Tribunal Act 2004 (WA) - Application for costs under Guardianship and Administration Act 1990 (WA) dismissed

(Page 2)

Legislation:

Guardianship and Administration Act 1990 (WA), s 16(4)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (WA), s 427
State Administrative Tribunal Act 2004 (WA), s 87(1)

Result:

Respondents to pay applicant's costs of $4000 pursuant to s 87(1) of the State Administrative Tribunal Act 2004 (WA)

Application for costs pursuant to s 16(4) of the Guardianship and Administration Act 1990 (WA) dismissed

Category: B

Representation:

Counsel:

Applicant (in personal capacity) : Mr S Scott

Applicant (as administrator) : Mr E Scarffe

Respondents : Self-represented

Solicitors:

Applicant (in personal capacity) : Stables Scott

Applicant (as administrator) : Clement & Co Lawyers

Respondents : Self-represented

Case(s) referred to in decision(s):

Nil

(Page 3)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1 In 2006, the Tribunal, differently constituted, appointed G plenary administrator and limited guardian for his wife, J. The Tribunal recognised at the time that G had a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading G and L and ANOR

Details

AGLC: G and L and ANOR [2007] WASAT 232
Case: [2007] WASAT 232
Decision Date: 6 SEPTEMBER 2007

CaseChat Overview and Summary

The case involves G and L, who are seeking to review an administration order and have applied for an injunction, with associated costs claims under the State Administrative Tribunal Act 2004 (WA) and the Guardianship and Administration Act 1990 (WA). The primary dispute revolves around the administration of an estate and the related costs incurred during the legal proceedings. The case was heard by the relevant tribunal, which had to determine the validity of the administration order and the appropriateness of the costs sought by the applicants.

The central legal issues before the tribunal included whether the administration order was validly made and if the applicants were entitled to an injunction to prevent certain actions. Additionally, the tribunal had to consider the applicants' requests for costs under two different legislative frameworks, the State Administrative Tribunal Act 2004 (WA) and the Guardianship and Administration Act 1990 (WA). The tribunal needed to assess the merits of the costs applications and determine if they were justified and reasonable.

The tribunal dismissed the application for review of the administration order and the application for an injunction. Regarding costs, the tribunal found that the applicants were entitled to costs under section 87(1) of the State Administrative Tribunal Act 2004 (WA). However, the application for costs under section 16(4) of the Guardianship and Administration Act 1990 (WA) was dismissed as it was deemed inappropriate. Consequently, the tribunal ordered the respondents to pay the applicants' costs of $4000, as allowed under the State Administrative Tribunal Act 2004 (WA).

Orders

Orders of the court

Respondents to pay applicant's costs of $4000 pursuant to s 87(1) of the State

Administrative Tribunal Act 2004 (WA)

Application for costs pursuant to s 16(4) of the Guardianship and

Administration Act 1990 (WA) dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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