Joy Alleyne as independent legal representative for LC v Director General Department of Community Services (No 2) [2009] NSWDC 171

New South Wales District Court

CITATION: Joy Alleyne as independent legal representative for LC v Director General Department of Community Services (No 2) [2009] NSWDC 171

HEARING DATE(S): 16 June 2009

JUDGMENT DATE: 22 July 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Applications for costs by both the appellant and the mother are refused

CATCHWORDS: CHILDREN AND YOUNG PERSONS - Appeals from Children's Court - Costs - what constitutes 'exceptional circumstances'

LEGISLATION CITED: Children and Young Persons (Care and Protection) Act 1998

SP v Department of Community Services [2006] NSWDC 168 CASES CITED: BS Minister for Community Services (No 1339/2008, unreported, 5, 6, 26 August 2008) Department of Community Services v SM and MM [2008] NSWDC 68

Joy Alleyne as independent legal representative for LC (Appellant/Applicant) PARTIES: Director General Department of Community Services (First Defendant/Respondent) The Minister for Community Services (Second Defendant/Respondent) JR (Third Defendant/Applicant)

FILE NUMBER(S): 4829 of 2008

J Alleyne, solicitor (Appellant/Applicant) COUNSEL: P Guterres, solicitor advocate (First and Second Defendant/Respondent) D J Chapman, solicitor (Third Defendant/Applicant)

Alleyne & Co Solicitors, Woy Woy SOLICITORS: I V Knight, Crown Solicitor D J Chapman Solicitors, Gosford

JUDGMENT

1 HIS HONOUR: In this matter, Mr Chapman, who appears for the mother of the appellant, seeks an order for the payment of his costs. The appellant has also lodged a submission in which she seeks payment of costs.