NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Re Paul (No 2) [2024] NSWSC 106 Hearing dates: 14 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Equity Before: Lindsay J Decision: ORDER that the Secretary pay the mother's costs of proceedings (in which she successfully applied, upon an exercise of parens patriae jurisdiction, for the return of her child) on the ordinary basis. Catchwords: COSTS – Protective jurisdiction – Ordinary rule – What, in all the circumstances, is the proper order for costs? – Welfare principle informs Court's discretion Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 NSW Civil Procedure Act 2005 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: CAC v Secretary, Department of Family and Community Services [2014] NSWSC 1855 CAC v Secretary, Department of Family and Community Services (No 2) [2015] NSWSC 344 CCR v PS (No 2) (1986) 6 NSWLR 622 Category: Costs Parties: Plaintiff: Mother First Defendant: Secretary, NSW Department of Communities and Justice Second Defendant: Child Representation: Counsel: Plaintiff: S Prince SC and A Searle First Defendant: M Anderson Second Defendant: No appearance
Solicitors: Plaintiff: Thrive Workplace Consulting and Legal First Defendant: NSW Crown Solicitor File Number(s): 2023/00365527
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