Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 Hearing dates: On the papers Decision date: 18 March 2015 Before: Beazley P; Barrett JA; Leeming JA Decision: Notice of motion filed 5 January 2015 dismissed. Catchwords: COSTS – application for lump sum costs order – no evidentiary basis for exercising discretion to make order – application dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Cases Cited: Colquhoun v District Court of New South Wales [2014] NSWCA 460 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp [2002] NSWCA 213; 54 NSWLR 738 Tim Barr Pty Ltd v Narui Gold Coast Pty Ltd [2011] NSWSC 11 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Costs Parties: Darren Colquhoun (Applicant) District Court of New South Wales (First Respondent) Director-General, Department of Family and Community Services (Second Respondent) DF (Third Respondent) Anne Mowbray (Independent Legal Representative) Representation: Counsel: Applicant (In person) D Ward (Second Respondent) Third Respondent (In person) P Guterres (Fourth Respondent)

Solicitors: Crown Solicitor (Second Respondent) File Number(s): 2014/41852 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the names of the 3rd Respondent and the children have been suppressed. Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 3 December 2013; 11 December 2013 Before: Olsson DCJ; Truss DCJ File Number(s): 2013/225071