High Court orders that enduring powers of attorney be registered, on the grounds that the statutory criteria had been satisfied and the respondents had failed to discharge the onus to show that the proposed attorneys were unsuitable; and the Court awards the attorneys their costs less a seventh.
Enduring powers of attorney – conflict between 5 siblings – 2 siblings are the proposed attorneys, one more is supportive, two resist the application - decision to sell shares of the donor to fund works in the house in which the donor has a right to reside - notices of objection were lodged out of time - onus is on the objectors - the decision complained of was one by the donor and not the attorneys - assessment of witnesses – Court rejects the evidence of the respondents - family hostility is not a basis for a finding of unsuitability - any missteps on the part of the attorneys do not amount to unsuitability within the meaning of the legislation - any errors or missteps by the attorneys come under the heading of mismanagement but not misconduct – acquiescence - objectors wrote an expressly open letter accepting one of the attorneys subject to their suggestion that she should act jointly with one of the objectors – not permissible construction - medical evidence favours the donor remaining in her present care arrangements – enduring powers of attorney ordered to be registered - consequential orders – directions – costs of legal proceedings - general rule that costs follow the event must apply here – Calderbank letter - discretionary circumstances – if the hearing was limited to the issues on which the respondent made some headway - discount the costs in favour of the applicants by one-seventh –