Re ; Ex Parte MM

The parties in this case were the Public Trustee of Western Australia and the applicant, MM, who was seeking to be appointed as the guardian of her mother. MM was seeking a costs order from the Tribunal in the sum of $20,000. The dispute arose from MM’s applications to the Tribunal for the appointment of a guardian and an administrator for her mother. The case was heard in the Court of Appeal of the Supreme Court of Western Australia.

The legal issue before the court was whether the Tribunal should depart from the general rule that parties bear their own costs when considering an application for costs under section 16(4) of the Guardianship and Administration Act 1990 (WA). The court needed to determine the factors that should be considered in deciding whether to make a costs order, and whether the Tribunal should depart from the general rule in this case. The court also needed to determine whether the Tribunal had correctly exercised its discretion in ordering the Public Trustee to pay MM’s costs in the sum of $20,000.

The court held that the general rule that parties bear their own costs could be departed from in certain circumstances. The court held that the factors to be considered in determining a costs application under section 16(4) of the Act included the nature and complexity of the application, the conduct of the parties, and any other relevant factors. The court held that the Tribunal had correctly exercised its discretion in ordering the Public Trustee to pay MM’s costs in the sum of $20,000. The court found that the application was complex, and that MM had acted reasonably and in good faith throughout the proceedings. The court also found that the Public Trustee had acted unreasonably and in bad faith, and that this was a relevant factor in determining the costs order.