Re David, Alan and Mary and the Director General Family and Community Services (No. 2) [2014] NSWSC 1957

Supreme Court New South Wales

Medium Neutral Citation: Re David, Alan and Mary and the Director General Family and Community Services (No. 2) [2014] NSWSC 1957 Hearing dates: 19 September 2014 Date of orders: 03 November 2014 Decision date: 03 November 2014 Jurisdiction: Equity Division Before: Slattery J Decision: See paragraph [16]. Catchwords: COSTS - exception to the general rule that costs follow the event - multiple issues - plaintiff substantially successful on issue of confidentiality – whether costs should be apportioned. Legislation Cited: Crimes Act 1900 (NSW), s 316 Evidence Act 1995, ss 126B, 126F, 138, 128 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: A v Hayden (No. 2) (1984) 156 CLR 532 Bostik Australia Pty Ltd v Liddiard (No. 2)[2009] NSWCA 304 CSR Limited v Eddy (2005) 80 ALJR 59 Davies v Eli Lilly & Co (1987) 1 WLR 1136 James v Surf Road Nominees Pty Ltd (No. 2) [2005] NSWCA 296 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 Re Allen [2008] NSWSC 379 Re David, Alan and Mary and the Director General, Family and Community Services [2013] NSWSC 1319 Re David, Alan and Mary and the Director General, Family and Community Services [2014] NSWSC 1077 Re Georgia and Luke [2008] NSWSC 1277 Re Kerry (No. 2) [2012] NSWCA 194 South-West Forest Defence Foundation Inc v Executive Director of Department of Conservation and Land Management (No. 2) (1998) 154 ALR 411 Category: Costs Parties: Plaintiff: (Aunt) [not published] First Defendant: Director General, Family and Community Services Second Defendant: (Mother) [not published] Third Defendant: (Father) [not published] Fourth Defendant: Independent Children's Lawyer Ananda Hall Fifth Defendant: Children's Court NSW (Bidura) Sixth Defendant: (Grandmother) [not published] Representation: Counsel: Plaintiff: M. W. Anderson First Defendant: K.J. Edwards Second Defendant: n/a. Third Defendant: S. M. Leis Fourth Defendant: R. Francois Fifth Defendant: n/a. Sixth Defendant: n/a.