Department of Community Services v. SM and MM [2008] NSWDC 68

Reported Decision : 6 DCLR (NSW) 384

New South Wales District Court

CITATION: Department of Community Services v. SM and MM [2008] NSWDC 68

HEARING DATE(S): 18/2/08 - 20/2/08

JUDGMENT DATE: 6 May 2008

JURISDICTION: Civil

JUDGMENT OF: Garling DCJ at 1

DECISION: Director General Department of Community Services is to pay the legal costs of SM and MM.

CATCHWORDS: Costs - Child care appeal - Exceptional circumstances

LEGISLATION CITED: Children and Young Persons (Care and Protection) Act, 1998 as amended Civil Procedure Act 2005

SP v. Department of Community Services [2006] NSWDC 168 Murray Publishers Pty. Ltd. v. Valuer-General [1994] 84 LGERA 13 Yacoub v. Pilkington (Australia) Ltd. 2007 NSWCA 290 CASES CITED: San v. Rumble (No. 2) 2007 NSWCA 259 R v. Kelly (Edward) 2000 1 QB 198 R v. Buckland [2000] 1 WLR 1262 Ho v. Professional Services Review Committee No. 295 [2007] FCA 388 Awa v. Independent News Auckland (1996) 2 NZLR 184

PARTIES: Director General Department of Community Services SM and MM

FILE NUMBER(S): 194/08

M.W. Anderson (Plaintiff/Department) COUNSEL: B. MacRae, Solicitor (Defendants/Parents) J.F. Viney (Child)

SOLICITORS: Crown Solicitor (Plaintiff/Department) A.C. Knibb Kaine & Associates (Defendants/Parents)

JUDGMENT

1 I recently dismissed an appeal by the Director General against an order of the Children's Court. In my reasons for dismissing the appeal I said that the appeal had no merit and at no stage had any merit. A Magistrate made a proper decision which should have been accepted by the Department. I did not make an order immediately returning the child to his parents as I thought it was in the child's best interests to remain with his grandparents until the end of the school term. Other than that I agreed with the Magistrate's orders.