McGinn v Department of Family and Community Services (No 2) [2018] NSWSC 1048

Supreme Court New South Wales

Medium Neutral Citation: McGinn v Department of Family and Community Services (No 2) [2018] NSWSC 1048 Hearing dates: Written submissions Date of orders: 10 July 2018 Decision date: 10 July 2018 Jurisdiction: Common Law Before: Bellew J Decision: 1. The plaintiff is to pay the defendant's costs as agreed or assessed Catchwords: COSTS – Where plaintiff brought proceedings against the defendant – Order made for the summary dismissal of those proceedings – Where plaintiff then sought that such order be set aside – That application also dismissed by a different judge – Determination of the question of costs of the second proceedings – Where plaintiff sought that the judge dismissing those proceedings recuse himself from determining the question of costs on the grounds of actual bias – Where plaintiff asserted various errors in the determination of those proceedings - No basis for recusal – Assertions of error appropriately determined on appeal – Plaintiff entirely unsuccessful in second proceedings – No basis for altering the general rule that the defendant as the successful party should have an order for costs in its favour Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: McGinn v Department of Family and Community Services [2018] NSWSC 770 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Sophia McGinn – Applicant Department of Family and Community Services – Respondent Representation: Counsel: Self-represented – Applicant Y Shariff – Respondent