AX & AY v Wesley Dalmar and ors [2008] NSWADT 231

AX & AY v Wesley Dalmar and ors [2008] NSWADT 231

Taking all circumstances into account, Wesley Dalmar's failure to comply in a timely way with statutory obligations to notify the decision and review rights, provide reasons, and lodge relevant documents contributed to delay and additional costs. Although the delay was not deliberate or negligent and Wesley Dalmar's flood-affected circumstances and benevolent status were relevant, the applicants had limited means and capacity to represent themselves. It was fair and reasonable that Wesley Dalmar pay half of the applicants' costs incurred up to and including 25 March 2008.

Jurisdiction
Australia
Judgment Date
20 August 2008
Procedural Posture
Application for Costs in Community Services Division Administrative Review Proceedings / After the Applicants Withdrew Their Application for Review
Outcome
Costs application allowed in part.
Legal Topics
['costs in Administrative Decisions Tribunal Proceedings' 'review of Decision to Remove a Child From Authorised Carers' 'obligations of Administrators to Provide Reasons and Documents' 'out of Home Care']
['administrative Law' 'community Services' 'costs'] ['costs in Administrative Decisions Tribunal Proceedings' 'review of Decision to Remove a Child From Authorised Carers' 'obligations of Administrators to Provide Reasons and Documents' 'out of Home Care']

Case Brief

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Procedural Posture

Application for Costs in Community Services Division Administrative Review Proceedings / After the Applicants Withdrew Their Application for Review

Legal Issues

  1. 1 ['Whether the circumstances warranted a departure from the presumption that each party bear its own costs under s 34 of the Community Services (Complaints, Reviews and Monitoring) Act 1993.' "Whether Wesley Dalmar's delay and non-compliance with statutory obligations caused unnecessary costs to the applicants." "What effect should be given to Wesley Dalmar's status as a public benevolent institution, the applicants' conduct, and the withdrawal of the review application."]

Ratio Decidendi

Taking all circumstances into account, Wesley Dalmar's failure to comply in a timely way with statutory obligations to notify the decision and review rights, provide reasons, and lodge relevant documents contributed to delay and additional costs. Although the delay was not deliberate or negligent and Wesley Dalmar's flood-affected circumstances and benevolent status were relevant, the applicants had limited means and capacity to represent themselves. It was fair and reasonable that Wesley Dalmar pay half of the applicants' costs incurred up to and including 25 March 2008.

Court Disposition

Costs application allowed in part.

Orders

  • ["Wesley Dalmar is to pay half of the applicants' costs, up to and including 25 March 2008, in a sum agreed or assessed on a party and party basis."]