RC and LP and AC [2007] WASAT 171
| STATE ADMINISTRATIVE TRIBUNAL | Citation No: | [2007] WASAT 171 | |
| GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) | |||
| Case No: | GAA:590/2006 | DETERMINED ON THE DOCUMENTS | |
| Coram: | MS D DEAN (MEMBER) | 27/06/07 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | The application for the award of costs is dismissed except for the cost of the transcripts which is to be paid out of the estate of the represented person | ||
| B | |||
| PDF Version |
| Parties: | RC and LP AC |
Catchwords: | Administration Costs – Application for legal costs to be paid from the estate of the represented person under s 16 (4) of the Guardianship and Administration Act 1990 (WA) – Whether parties should bear their own costs – Whether cost of transcripts should be paid from the estate of the represented person |
Legislation: | Guardianship and Administration Act 1990 (WA), s 4, s 16, s 16(4) State Administrative Tribunal Act 2004, s 5, s 87 |
Case References: | GD and AD [2005] WASAT 203 LC and JS [2007] WASAT 127 RC and LP and AC [2006] WASAT 370 |
JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : RC and LP and AC [2007] WASAT 171 MEMBER : MS D DEAN (MEMBER) HEARD : DETERMINED ON THE DOCUMENTS DELIVERED : 27 JUNE 2007 FILE NO/S : GAA 590 of 2006 BETWEEN : RC and LP
- Applicants
AND
AC
Represented Person
Catchwords:
Administration - Costs – Application for legal costs to be paid from the estate of the represented person under s 16 (4) of the Guardianship and Administration Act 1990 (WA) – Whether parties should bear their own costs – Whether cost of transcripts should be paid from the estate of the represented person
Legislation:
Guardianship and Administration Act 1990 (WA), s 4, s 16, s 16(4)
State Administrative Tribunal Act 2004, s 5, s 87
(Page 2)
Result:
The application for the award of costs is dismissed except for the cost of the transcripts which is to be paid out of the estate of the represented person
Category: B
Representation:
Counsel:
Applicants : Mr G Papamihail
Represented Person : Self-represented
Solicitors:
Applicants : George Papamihail Barristers & Solicitors
Represented Person : Self-represented
Case(s) referred to in decision(s):
GD and AD [2005] WASAT 203
LC and JS [2007] WASAT 127
RC and LP and AC [2006] WASAT 370
(Page 3)
Summary of Tribunal's decision
1 On 28 March 2006, RC and LP applied to the Tribunal for an administration order in respect of their father AC. On 9 October 2006, the Tribunal revoked the enduring power of attorney executed by AC by which he appointed his son KC his attorney. On the same date, the Tribunal appointed the Public Trustee plenary administrator of the estate of AC. The appointment was for a period of five years. The details of the application and the reasons for the decision of…
Continue reading RC and LP and AC
Sign in free to access the full text
- AGLC
- RC and LP and AC [2007] WASAT 171
- Case
- [2007] WASAT 171
- Decision Date
CaseChat Overview and Summary
The legal issues before the court revolved around the interpretation and application of section 16(4) of the Act, which allows for the payment of costs from the estate of the represented person under certain conditions. The court needed to assess whether the circumstances warranted the estate bearing the costs, considering the nature and necessity of the legal proceedings, as well as the overall fairness and appropriateness of charging the estate. The applicants argued that the costs were directly related to the administration of the estate and should therefore be paid from the estate. Conversely, it was contended that the parties should be responsible for their own costs, as the proceedings were not strictly necessary for the administration of the estate.
In delivering its decision, the court examined the nature of the legal services provided and their direct relevance to the administration of the estate. The court found that while most of the legal costs incurred were not directly related to the administration and could be considered as borne by the parties themselves, the cost of obtaining transcripts was integral to the proceedings and should be charged to the estate. The court concluded that the estate should bear the cost of the transcripts, as these were essential for the fair conduct of the case. Consequently, the application for the award of costs was dismissed except for the cost of the transcripts, which was to be paid out of the estate of the represented person.
Orders
Orders of the court
The application for the award of costs is dismissed except for the cost of the
transcripts which is to be paid out of the estate of the represented person
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.