The Public Advocate v C, B (No 2)

The Public Advocate, acting as litigation guardian for C and B, brought proceedings against the respondents, C and B, concerning the administration of their estates. The dispute centred on the costs incurred by the Public Advocate in the proceedings, specifically whether these costs should be paid out of the estates of C and B. The matter came before the Full Court of the Supreme Court of South Australia.

The central legal issue before the Full Court was whether the Public Advocate, as litigation guardian, was entitled to an indemnity for the costs incurred in the proceedings from the estates of C and B. This involved considering the principles governing the award of costs against a party who is a protected person, and the circumstances under which a litigation guardian might be personally liable for costs.

The Court reasoned that the general rule that a successful party is entitled to their costs should apply, even where that party is a protected person represented by a litigation guardian. The Court affirmed that a litigation guardian should not be personally liable for costs unless they have acted improperly, vexatiously, or without reasonable grounds. In this instance, the Court found no such impropriety on the part of the Public Advocate. Therefore, the estates of C and B were liable for the costs incurred by the Public Advocate in the proceedings. The Court ordered that the costs of the Public Advocate be assessed and paid out of the respective estates of C and B.