MJ v MET & Ors

The parties involved in this case are MJ and MET, with additional respondents MK and another party. The dispute pertains to the management and administration of property of individuals with impaired capacity, specifically concerning costs awarded and sought in appeals. The matter was heard in the court of appeal. The central legal issues the court addressed were whether particular costs provisions applied and the appropriateness of the tribunal's costs orders.

The court examined the tribunal's decision on costs and the specific provisions that govern such matters. It determined that certain grounds of appeal warranted further examination while dismissing others. The court found that the tribunal's costs orders made on 30 July 2021 were not in accordance with the relevant legal principles, leading to the decision to set aside those orders. Consequently, MET and MK were required to repay the amounts they had previously paid to MJ under those orders. Additionally, the court ruled that the applications for costs in the initial proceedings should be reconsidered by a differently constituted tribunal.

The court concluded that the appeals on specific grounds were valid, leading to the allowance of the appeal on those grounds. It also set aside the tribunal's costs orders and mandated repayment by MET and MK within a specified timeframe. The applications for costs in the appeals were dismissed, and no costs were awarded to MET or MK for the appeals. This decision provides clarity on the application of costs provisions in cases involving the management and administration of property of persons with impaired capacity.