RC and LP and AC [2007] WASAT 171

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2007] WASAT 171
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:590/2006	Heard:	DETERMINED ON THE DOCUMENTS
Coram:	MS D DEAN (MEMBER)	Delivered:	27/06/07
No of pages:	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
Category:	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

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)

REASONS FOR DECISION OF THE TRIBUNAL:

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading RC and LP and AC

Details

AGLC: RC and LP and AC [2007] WASAT 171
Case: [2007] WASAT 171
Decision Date: 27 JUNE 2007

CaseChat Overview and Summary

In the case of RC and LP and AC, the central dispute involved the allocation of legal costs incurred in the administration of a represented person's estate under section 16(4) of the Guardianship and Administration Act 1990 (WA). The applicants, represented by LP and AC, sought to have these costs covered by the estate of the represented person, RC. The court was tasked with determining whether the parties involved should bear their own costs or if some or all of the costs could be charged to the estate. Additionally, the court had to decide whether the specific cost of obtaining transcripts should be included in the estate's expenses.

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

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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