D v Director-General Department of Community Services & Ors (No 2) [2006] NSWCA 7

D v Director-General Department of Community Services & Ors (No 2) [2006] NSWCA 7

No costs order was made because the adversarial parties acted reasonably in seeking to promote the best interests of the child and because the appellant was only partly successful; most costs related to failed grounds.

Parties
Appellant: D; First Respondent: Director-General Department of Community Services; Second Respondent: F; Third Respondent: Kathryn Renshall, Child Representative for E
Jurisdiction
Australia
Judgment Date
09 February 2006
Procedural Posture
Appeal / Determination of Costs Following Appeal Judgment
Outcome
No order as to costs
Legal Topics
Costs on Appeal, Best Interests of the Child
Procedure Costs on Appeal Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

D

Appellant

Director-General Department of Community Services

First Respondent

F

Second Respondent

Kathryn Renshall, Child Representative for E

Third Respondent

Procedural Posture

Appeal / Determination of Costs Following Appeal Judgment

Legal Issues

  1. 1 Whether costs order should be made following appeal concerning care and adoption application of a child

Ratio Decidendi

No costs order was made because the adversarial parties acted reasonably in seeking to promote the best interests of the child and because the appellant was only partly successful; most costs related to failed grounds.

Court Disposition

No order as to costs

Orders

  • No costs order made in relation to the appeal