GFY v The Benevolent Society [2024] NSWCATAD 370

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GFY v The Benevolent Society [2024] NSWCATAD 370 Hearing dates: On the papers, final submissions filed on 11 October 2024 Date of orders: 09 December 2024 Decision date: 09 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern PSM, Senior Member Decision: (1) A hearing of the applicant's application for costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The first respondent is to pay the applicant's costs of and incidental to the summons issued to the first respondent dated 26 March 2024 and any costs of and incidental to the application to set aside the summons which was determined by the Tribunal on 29 April 2024. (3) The respondents are to pay the applicants' costs incurred after 6 June 2024 until 30 June 2024. (4) The first respondent is to pay 25% of the applicants' costs in making the costs application. (5) The abovementioned costs are to be paid as agreed or assessed on the basis set out in s 60(4)(b) of the Civil and Administrative Tribunal Act 2013. (6) Otherwise, the parties are to bear their own costs. (7) Any ongoing obligations in relation to the summons issued to the first respondent dated 26 March 2024 are to be discharged. Catchwords: COSTS - ADMINISTRATIVE REVIEW – Authorised carers - special circumstances - costs where proceedings settled. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1988 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Cases Cited: BCA Constructions Pty Ltd v Arsovski [2024] NSWCATAP 31 BMA and BMB v Department of Family and Community Services (No 2) [2015] NSWCATAD 93 BPU v NSW Trustee and Guardian (Costs) [2016] NSWCATAP 87 CCC and CCD v Department of Family and Community Services [2016] NSWCATAD 10 Department of Communities and Justice and Phoebe and Katelyn Wilson 2024 NSWChC 9 DZU v Foundations Care [2021] NSWCATAD 142 Fitzpatrick investments Pty limited v Chief Commissioner State Revenue [2015] NSWCATAD 103 FLP v Secretary, Department of Communities and Justice; FLF v Secretary, Department of Communities and Justice; and FLQ v Secretary, Department of Communities and Justice [2023] NSWCATAD 23 FMV v Wandiyali [2023] NSWCATAD 288 FWY v Biripi Aboriginal Corporation Medical Centre (No 2) [2023] NSWCATAD 208 Jubian v Clark (No. 2) [2016] NSWCATAP 153 Kominda trading as We Paint Pools v Kelleher [2018] NSWCATAP 56 Nicholas v NFS Agribusiness Pty Ltd [2018] NSWCA 84 One.Tel Ltd v Deputy Commissioner of Taxation [2000] FCA 270 Re Minister for Immigration & Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6: (1997) 186 CLR 622; (1997) 143 ALR 1 and (1997) ALJR 533 Texts Cited: None cited Category: Costs Parties: GFY (First Applicant) GFZ (Second Applicant) The Benevolent Society (First Respondent) Department of Communities and Justice (Second Respondent) Representation: Care Legal (Applicants) Mills Oakley (First Respondent) Crown Solicitor (Second Respondent) File Number(s): 2024/00074129 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013, publication or broadcast of the applicants and children mentioned or involved in these proceedings is prohibited. Pseudonyms have been used for the parties