Director General of the Department of Human Services v Ellis - Simmons [2011] NSWChC 5

Director General of the Department of Human Services v Ellis - Simmons [2011] NSWChC 5

There were no exceptional circumstances in the conduct of Ms De Re or Mr Young that would justify a costs order under s 88 of the Children and Young Persons (Care and Protection) Act 1998; erroneous view of applicable law or failure to reply to correspondence did not amount to wrongful conduct, gross negligence, or incompetence; applications for costs accordingly refused.

Jurisdiction
Australia
Judgment Date
25 March 2011
Procedural Posture
Care and Protection / Application for Costs During Part Heard Care Hearing
Outcome
Applications for costs refused; no exceptional circumstances found.
Legal Topics
['exceptional Circumstances for Costs Orders' 'conflict of Interest' 'conduct of Legal Representatives']
["children's Law" 'costs'] ['exceptional Circumstances for Costs Orders' 'conflict of Interest' 'conduct of Legal Representatives']

Case Brief

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Procedural Posture

Care and Protection / Application for Costs During Part Heard Care Hearing

Legal Issues

  1. 1 ['Whether there were exceptional circumstances warranting a costs order in care proceedings under s 88 of the Children and Young Persons (Care and Protection) Act 1998' 'Whether the conduct of the legal representative in bringing an unsuccessful application justified a costs order']

Ratio Decidendi

There were no exceptional circumstances in the conduct of Ms De Re or Mr Young that would justify a costs order under s 88 of the Children and Young Persons (Care and Protection) Act 1998; erroneous view of applicable law or failure to reply to correspondence did not amount to wrongful conduct, gross negligence, or incompetence; applications for costs accordingly refused.

Court Disposition

Applications for costs refused; no exceptional circumstances found.

Orders

  • ['Applications for costs by Ms Nicole Ellis, Mr Craig Simmons, Ms Peta Ellis, and Ms Coady refused.']