Jamie Chiang

This endorsement addresses costs following a guardianship application where the Public Guardian and Trustee (PGT) was appointed as guardian for Phary Saing.

The applicant, Konthear Saing, sought substantial indemnity costs against Sokly Saing and a non-party, Vothy Saing.

Sokly Saing and Phary Saing also sought costs.

The court found Phary Saing's offer to settle invalid due to the PGT's non-consent.

It declined to award costs against non-party Vothy Saing due to lack of notice and failure to meet the legal test.

The court ordered Sokly Saing to pay Konthear Saing $15,000 in partial indemnity costs, citing Sokly Saing's more significant conflict of interest and problematic conduct.

Konthear Saing and Sokly Saing were also ordered to each pay $282.50 to the PGT for its fees.

The costs of a prior capacity assessment motion were reserved to the judge hearing the balance of the main application.

The applicant moved to be appointed as litigation guardian and guardian of property for her sister, the respondent, in the context of an underlying application regarding the ownership of a shared property.

The respondent was assessed by a designated capacity assessor and found incapable of managing property and highly susceptible to undue influence.

The court found that the respondent required a litigation guardian and a guardian of property.

Due to severe family acrimony and conflicts of interest among the siblings regarding the property dispute, the court declined to appoint any family member.

Instead, the court appointed the Public Guardian and Trustee as both litigation guardian and guardian of property.