Y v The Secretary, Department of Communities and Justice (No 7) [2021] NSWDC 477

District Court New South Wales

Medium Neutral Citation: Y v The Secretary, Department of Communities and Justice (No 7) [2021] NSWDC 477 Hearing dates: 27 August and 9 September 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Civil Before: Judge Levy SC Decision: Pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998 and s 98 of the Civil Procedure Act 2005, within 28 days of today's date, the appellant is ordered to pay the costs incurred in these proceedings by the Secretary of the Department of Communities and Justice in the assessed specified gross sum fixed at $200,000 including GST. Catchwords: COSTS – child care appeal – application by the Secretary, Department of Communities and Justice for a compensatory specified gross sum costs order against the appellant pursuant to s 88 of the Children and Young Persons (Care and Protection) Act 1998 and s 98 of the Civil Procedure Act 2005 – existence of exceptional circumstances – specified gross sum costs assessed at $200,000 Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 88, s 105 Civil Procedure Act 2005 (NSW), s 56 – s 58, s 98 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 Department of Family and Community Services v SM and MM [2008] NSWDC 68 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Gray v Richards (No 2) [2014] HCA 47 Keen v Telstra Corporation (No 2) [2006] FAC 930 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Northern Territory v Sangare [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Polsen v Harrison [2021] NSWCA 23 R v Buckland [2000] 1 WLR 1262; [2000] 1 All ER 907 Re. A Costs Appellant Carer (a pseudonym) v The Secretary, Department of Communities and Justice [2021] NSWDC 197 Sheborne Estate (No 2); Vanvalen v Neaves (2005) 65 NSWLR 268; [2005] NSWSC 1003 The Secretary, Department of Family and Community Services and Tyson Tanner (Costs) 2017 NSWChC 1 Y v The Secretary, Department of Communities and Justice (No 6) [2021] NSWDC 392 Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 Category: Costs Parties: Y (Appellant father – In person) The Secretary, Department of Communities & Justice (First respondent) M (Second respondent mother - No appearance) Representation: Counsel: Mr M Anderson (First respondent)