WJ

This case involved a daughter, WA, who applied to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as the guardian and administrator of her father, WJ. WJ opposed the application, and the Tribunal dismissed the application. WJ then applied for costs from WA, seeking that his costs be assessed against WA. The Tribunal considered whether the case was exceptional enough to warrant a costs order against WA and, if so, whether the costs should be fixed by the Tribunal or assessed. The Tribunal found that exceptional circumstances existed, and the costs should be fixed by the Tribunal.

The Tribunal considered that the case was exceptional because WA had prosecuted her case in a manner that was wasteful, prolix, and disorganized. She had presented volumes of irrelevant material, sought to examine numerous witnesses, and relied on her own opinions regarding WJ's capacity. She also failed to produce any independent evidence to support her claims of WJ's incapacity, despite having access to considerable evidence to the contrary. The Tribunal found that WA's conduct contributed significantly to the length of the hearing and that she did not have an arguable case.

The Tribunal fixed WJ's costs in the amount of $179,434.35, which represented a reduction from the total costs claimed by WJ. The Tribunal reduced the costs to account for the excessive legal fees charged by WJ's legal team, which included a solicitor and two barristers. The Tribunal also excluded certain costs, such as those related to the NDIS and will review, as they were not relevant to the matter. The Tribunal ordered WA to pay WJ's costs within 90 days.

In summary, the Tribunal found that exceptional circumstances existed in this case, warranting a costs order against WA. The Tribunal fixed WJ's costs at $179,434.35, taking into account the excessive legal fees charged by WJ's legal team and excluding certain irrelevant costs. The Tribunal emphasized that the persistent pursuit of outcomes against a weight of contrary evidence has consequences.