Re Kerry (No 2) - Costs [2012] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Re Kerry (No 2) - Costs [2012] NSWCA 194 Hearing dates: On the papers Decision date: 28 June 2012 Before: Barrett JA (at [1]), Tobias AJA (at [21]), Schmidt J (at [22]) Decision: The Court orders that the first and second plaintiffs pay the first and second defendants' costs of the prerogative relief proceedings in this Court from 18 November 2011 to date and the Court notes that: (a)the summons was filed in these proceedings by the first plaintiff on 18 November 2011; and (b)the costs of the District Court proceedings before Balla DCJ are not included in the order. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COSTS - departing from the general rule - care proceedings in respect of child - application for prerogative relief in respect of a decision of the District Court upon appeal from the Children's Court - application made by mother and grandmother defended by Director-General of Family and Community Services - application unsuccessful - respondent seeks costs - whether any special factor warrants departure from the general rule Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, ss 88, 91 Civil Procedure Act 2005, s 98 Supreme Court Act 1970, s 69 Uniform Civil Procedure Rules 2005, rule 42.1 Cases Cited: Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Alan [2008] NSWSC 379; (2008) 71 NSWLR 573 Re Georgia and Luke [2008] NSWSC 1277 Re Kerry (No 2) [2012] NSWCA 127 Wilson v Department of Human Services; re Anna (No 2) [2011] NSWSC 545 Category: Costs Parties: Grandmother - first plaintiff Mother - second plaintiff Minister for Family and Community Services - first defendant Director-General of the Department of Family and Community Services - second defendant District Court of New South Wales - Third defendant Aunt - fourth defendant Father - fifth defendant Child - sixth defendant Representation: Mr P R Glissan - first plaintiff In person - second plaintiff Ms M T England - first and second defendants In person - first plaintiff In person - second plaintiff I V Knight, Crown Solicitor - first and second defendants File Number(s): 2012/117463