MK and GSK

In the case of MK and GSK, the matter was before the Federal Circuit and Family Court of Australia. The dispute involved an application for costs to be paid out of the estate of the represented person. The applicant, who had been the litigation guardian of the represented person, MK, sought that the costs of the proceedings be paid from the estate of MK. The case centred on the legal principles and factors that the court must consider when deciding whether to allow costs to be paid out of the estate of a represented person.

The court was required to determine whether the general rule that parties bear their own costs should be set aside in the circumstances of this case. The court considered the nature of the application, the merits of the case, the conduct of the parties, and the effect of the decision on the represented person. The court also had to assess whether the applicant had acted in the best interests of MK and whether the costs were reasonable and necessary.

The court found that the application for costs to be paid out of the estate should be granted. The court held that it was appropriate to set aside the general rule that parties bear their own costs where it would be in the best interests of the represented person. The court noted that the applicant had acted in the best interests of MK and that the costs were reasonable and necessary. The court concluded that the applicant had demonstrated exceptional circumstances that warranted departing from the usual rule.

The court made an order that the costs of the proceedings be paid out of the estate of MK. The court also directed that the costs be assessed and paid within a specified timeframe. The decision provides guidance to practitioners on the factors to be considered in determining applications for costs to be paid out of the estate of a represented person.