Briggs v Booth & Ors [2000] QSC 294

j,) b v=':j . • State Z)q)~ Reporting Bureau <;c 00/;2_r1 TRANSCRIPT OF PROCEEDINGS Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Application No 87 of 2000 MAVIS DULCIE PHYLLIS BRIGGS and BEATRICE EILEEN BOOTH . and ANNETTE FRANCES BELL and MARION MARY BLUNDSON CAIRNS .. DATE 01/08/2000 JUDGMENT Respondent/Applicant Applicants/Respondents 1 -- 1 of 2 -- 01os2aoo D.l T2/MFK M/T CNS482/2000 (Jones J) HIS HONOUR: I will order that the matter be transferred to the tribunal and I will reserve the cost of these proceedings to be determined by the tribunal. HIS HONOUR: In this matter I will make orders by consent that the applications before me be transferred to the Guardianship 10 and Administration Tribunal at Brisbane. The parties have argued before me the question of costs of these proceedings, each party wishing to be paid the costs. In circumstances where I cannot adjudicate upon the merits of bringing either application it seemed to me that there were only two options open. One was to order that the costs of both parties be paid out of the estate of the granter of the enduring power of attorney on the basis that both applications were reasonably instituted. The alternative is, in transferring the matter to the tribunal, to reserve the question of costs of these proceedings to be determined in the discretion of the tribunal. The parties before differed in preferring one of 30 40 ~ I these alternate options. Weighing the respective merits of ~- dealing with the question of costs, it seems to me that the better course is to reserve to the tribunal's decision the question of costs in these proceedings. If the tribunal ultimately feels unable or is unwilling to make that determination the tribunal has the power to refer the matter back to this Court for the determination of that issue. 2 JUDGMENT 50 60 -- 2 of 2 --