MJ v MET & Ors

[2022] QCATA 180

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

MJ v MET & Ors [2022] QCATA 180

PARTIES:

MJ

(appellant/respondent to applications for costs)

v

MET 
mk 

(respondents to appeal / applicants for costs)

The Public Guardian

The Public Trustee of Queensland

(respondents to appeal)

APPLICATION NO/S:

APL338-20, APL220-21

ORIGINATING APPLICATION NOS:

GAA4527-20, GAA4529-20, GAA6922-20, GAA6924-20

MATTER TYPE:

Appeals

DELIVERED ON:

7 December 2022

HEARING DATE:

12 May 2022

HEARD AT:

Brisbane

DECISION OF:

Acting Senior Member Kanowski

ORDERS:

APL220-21

1.     Leave to appeal is granted for grounds 3 and 4.

2.     Leave to appeal is refused for grounds 1, 2 and 5.

3.     The appeal is allowed on grounds 3 and 4.

4.     The tribunal’s costs orders made on 30 July 2021 are set aside.

5.     MET must repay to MJ the amount he has paid to her under the costs order made on 30 July 2021, within 28 days of this order.

6.     MK must repay to MJ the amount he has paid to him  under the costs order made on 30 July 2021, within 28 days of this order.  

7.     The applications by MET and MK for costs in the proceedings at first instance are returned to the tribunal, differently constituted, for reconsideration.

APL338-20 and APL220-21: costs applications in the appeals

8.     The application for costs by MET in APL338-20 and for the stay application in APL220-21 is refused.

9.     The application for costs by MK in APL338-20 and for the stay application in APL220-21 is refused.

CATCHWORDS:

HEALTH LAW – GUARDIANSHIP, MANAGEMENT AND ADMINISTRATION OF PROPERTY OF PERSONS WITH IMPAIRED CAPACITY – where costs awarded – where costs sought in appeals – whether particular costs provisions apply

Guardianship and Administration Act 2000 (Qld)

Powers of Attorney Act 1998 (Qld)

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Ericson v Queensland Building and Construction Commission [2014] QCA 297

Mulcahy v Mulcahy [2019] QCATA 182
Pickering v McArthur [2005] QCA 294
RJG [2016] QCAT 127

TCN v Public Guardian & Anor [2022] QCATA 158

APPEARANCES & REPRESENTATION:

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

MJ:

Self-represented

Respondents:

MET represented by Mackey Wales Law

MK represented by Keir Steele Waldon, Lawyers

REASONS FOR DECISION

Introduction

1. The matters for decision are:

   (a)in APL220-21, an appeal against a costs order made by the tribunal; and

   (b)in APL338-20 and APL220-21, whether a party should be ordered to pay costs in appeal proceedings.

2. The same parties are involved in both matters. They include the following, who will be referred to by pseudonyms to protect the privacy of the ‘adult’[1] who has been the subject of the proceedings:

   (a)the adult is an elderly woman who will be referred to as MET;

   (b)one of MET’s sons, who will be referred to as MK; and

   (c)one of MET’s grandsons, who will be referred to as MJ.

   [1]As that term is used in the Guardianship and Administration Act 2000 (Qld). The term ‘principal’ is…