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

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

No sufficient basis was shown to depart from the general rule that costs follow the event; the nature of the proceedings and public interest aspects did not warrant a different order. Accordingly, the first and second plaintiffs were ordered to pay the first and second defendants' costs of the prerogative relief proceedings in this Court from 18 November 2011 to date.

Jurisdiction
Australia
Judgment Date
28 June 2012
Procedural Posture
Costs Proceedings / After Determination of Substantive Application for Prerogative Relief
Outcome
Order for costs against first and second plaintiffs in favour of first and second defendants for costs from 18 November 2011 to date.
Legal Topics
['costs' 'care Proceedings' 'public Interest Litigation' 'prerogative Relief']
['civil Procedure'] ['costs' 'care Proceedings' 'public Interest Litigation' 'prerogative Relief']

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Procedural Posture

Costs Proceedings / After Determination of Substantive Application for Prerogative Relief

Legal Issues

  1. 1 ['Whether costs should follow the event in prerogative relief proceedings arising from care proceedings concerning a child' 'Whether there are special factors justifying departure from the general rule on costs']

Ratio Decidendi

No sufficient basis was shown to depart from the general rule that costs follow the event; the nature of the proceedings and public interest aspects did not warrant a different order. Accordingly, the first and second plaintiffs were ordered to pay the first and second defendants' costs of the prerogative relief proceedings in this Court from 18 November 2011 to date.

Court Disposition

Order for costs against first and second plaintiffs in favour of first and second defendants for costs from 18 November 2011 to date.

Orders

  • ["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." '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...