The Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) [2015] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: The Secretary, Department of Family and Community Services (NSW) and the Knoll Children (Costs) [2015] NSWChC 2 Hearing dates: On written submissions, in chambers Decision date: 19 February 2015 Jurisdiction: Care and protection Before: Judge Peter Johnstone, President of the Children's Court of New South Wales Decision: Application for costs to be paid to the Carers by the paternal grandmother dismissed; Application for costs to be paid to the Carers by the Secretary allowed Catchwords: CHILDREN - Care and Protection - application for costs under s 88 of the Care Act - whether there are exceptional circumstances to justify a costs order Cases Cited: Children and Young Persons (Care and Protection Act) 1998 Civil Procedure Act 2005 DFaCS re the Knoll Children [2014] NSWChC 6 Ohn v Walton (1995) 36 NSWLR 77 Oshlack v Richmond River Council (1998) 193 CLR 72 Currabubula Holdings Pty Ltd v State Bank of NSW [2002] NSWSC 232 Latoudis v Casey (1990) 170 CLR 334 SP v Department of Community Services [2006] NSWDC 168 Department of Community Services v SM and MN [2008] NSWDC 68 XX v Nationwide News Pty Ltd [2010] NSWDC 147 Director-General of the Department of Family and Community Services v Amy Robinson-Peters [2012] NSWChC 2 Williams v Lewer [1974] 2 NSWLR 91 Commonwealth of Australia v Gretton [2008] NSWCA 117 Knight v Clifton [1971] Ch 700 Allplastics Engineering Pty Ltd v Dornoch Ltd [2006] NSWCA 33 Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90 Sherborne Estate (No 2); Vanvalen v Neaves 65 NSWLR 268; [2005] NSWSC 1003 at [38] Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665; [2008] ASAL 55-176; [2007] ATPR 42-138; [2006] FCA 1427 at [121] Keen v Telstra Corp (No 2) [2006] FCA 930 at [4] Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 at [8] - [10] Roberts v Rodier [2006] NSWSC 1084 at [40] - [44] Ventouris Enterprises Pty Ltd v DIB Group Pty Ltd (No 4) [2011] NSWSC 720 Lo Surdo v Public Trustee [2005] NSWSC 1290 at [7] Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd (2008) 249 ALR 371; [2008] FCA 1051 at [23] Category: Principal judgment Parties: The Secretary, Department of Family and Community Services (DFaCS) The Children The Paternal Grandmother The Carers Representation: Ms C Delaney, solicitor, for the Secretary Ms S Ryder, solicitor, for the Children Mr G Donaghy, solicitor, for the Paternal Grandmother Mr M Anderson of counsel for the Carers File Number(s): 2014/34 - 35 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties