OLL

The case involves an application for a review of an enduring guardianship appointment and an enduring power of attorney. The application was brought by OLL, and the respondent was the Public Trustee. The application was heard in the Supreme Court of Victoria. The applicants sought to have the appointments reviewed, but they withdrew their applications during the hearing. The Public Trustee applied for costs under the protective jurisdiction.

The court had to decide several legal issues, including whether the applicants' withdrawal of their applications constituted special circumstances warranting an award of costs. Additionally, the court needed to determine if the proceedings were reasonably commenced, and if so, the appropriate quantum of costs to be awarded. The court also had to consider whether there were contentious issues that warranted separate legal representation for the applicants.

The court found that the applicants' applications lacked credible evidence and were not reasonably commenced. It concluded that the special circumstances test was met, and the applicants' lack of credible evidence meant the proceedings were not valid. The court awarded costs to the Public Trustee and directed that the applicants be separately represented. The court found that the contentious nature of the issues justified separate representation and granted leave for legal representation. The court also provided directions for the proceedings to proceed.

The court ordered that costs be paid by the applicants to the Public Trustee. The exact quantum of costs was to be determined in a subsequent application. The court also made orders for separate representation and granted leave for legal representation for the applicants.