Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54

Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54

The evidentiary material provided in support of the lump sum costs application was insufficient for a well-informed exercise of discretion, so the application must be dismissed.

Parties
Applicant: Darren Colquhoun; First Respondent: District Court of New South Wales; Second Respondent: Director-General, Department of Family and Community Services; Third Respondent: DF; Independent Legal Representative: Anne Mowbray
Jurisdiction
Australia
Judgment Date
18 March 2015
Procedural Posture
Motion / Application for Lump Sum Costs Order After Main Costs Judgment
Outcome
application for lump sum costs order dismissed
Legal Topics
Lump Sum Costs, Civil Procedure
Costs Lump Sum Costs Civil Procedure

Case Brief

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Parties

Darren Colquhoun

Applicant

District Court of New South Wales

First Respondent

Director-General, Department of Family and Community Services

Second Respondent

DF

Third Respondent

Anne Mowbray

Independent Legal Representative

Procedural Posture

Motion / Application for Lump Sum Costs Order After Main Costs Judgment

Legal Issues

  1. 1 Whether a lump sum costs order should be made based on the evidence provided

Ratio Decidendi

The evidentiary material provided in support of the lump sum costs application was insufficient for a well-informed exercise of discretion, so the application must be dismissed.

Court Disposition

application for lump sum costs order dismissed

Orders

  • Notice of motion filed 5 January 2015 dismissed.
  • No order as to costs of the notice of motion.