SP v Department of Community Services [2006] NSWDC 168

New South Wales District Court

CITATION: SP v Department of Community Services [2006] NSWDC 168

HEARING DATE(S): 6/12/06 EX TEMPORE JUDGMENT DATE : 12/06/2006

JUDGMENT OF: Rein SC DCJ

DECISION: See [53].

CATCHWORDS: Orders for costs in Children's Court - circumstances where such an order will be made

LEGISLATION CITED: Children and Young Persons (Care and Protection) Act 1998 ss 8, 9, 88, 91, 93, 94 Civil Procedure Act 2005, s 56

Australian Solvent Recyclers Pty Ltd v Environment Protection Authority of NSW (2000) 110 LGERA 171 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; 118 ALR 248 Director General of DOCS v Houdek [1999] NSWSC 1031 CASES CITED: House v R (1936) 55 CLR 499 Murray Publishers Pty Ltd v Valuer-General (1994) 84 LGERA 13 S v Minister for Youth and Community Services (1986) 23 A Crim R 113; 10 Fam LR 849 Wilson v McDougall (1987) 11 NSWLR 241

PARTIES: Department of Community Services (Appellant) SP (Respondent)

FILE NUMBER(S): 3378/06

COUNSEL: Mr P Saidi (Appellant) Mr S Gardiner (Respondent)

JUDGMENT

1 HIS HONOUR: By agreement I shall refer to the respondent not by his real name but by the pseudonym SP. This matter was before me yesterday and I heard argument and will now give judgment.

2 On 29 June 2006 the Senior Children's Magistrate, his Honour Mr S Mitchell, made an order that the Department of Community Services (DOCS) pay the costs of the respondent (SP), to whom I shall refer in these reasons as "the father", in the sum of $520.00 payable within 60 days.