DZU v Foundations Care [2021] NSWCATAD 142

DZU v Foundations Care [2021] NSWCATAD 142

Special circumstances warranted a departure from the general rule on costs due to the respondent's unreasonable continued reliance on its expert's recommendations and failure to provide relevant information, which made it necessary for the applicant to incur expert costs and further litigation. Therefore, the applicant is entitled to costs only in respect of the expert assessment and the proceedings after 10 July 2020, without indemnity basis.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Administrative Review (costs Application) / Post Settlement Costs Determination
Outcome
Costs order in favour of the applicant in part.
Legal Topics
['costs—special Circumstances' 'administrative Review of Child Care Decisions' 'expert Evidence—costs' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'costs'] ['costs—special Circumstances' 'administrative Review of Child Care Decisions' 'expert Evidence—costs' 'protective Jurisdiction']

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Procedural Posture

Administrative Review (costs Application) / Post Settlement Costs Determination

Legal Issues

  1. 1 ['Whether special circumstances warrant an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Whether costs should be assessed on an indemnity basis' 'Which costs are properly recoverable by the applicant']

Ratio Decidendi

Special circumstances warranted a departure from the general rule on costs due to the respondent's unreasonable continued reliance on its expert's recommendations and failure to provide relevant information, which made it necessary for the applicant to incur expert costs and further litigation. Therefore, the applicant is entitled to costs only in respect of the expert assessment and the proceedings after 10 July 2020, without indemnity basis.

Court Disposition

Costs order in favour of the applicant in part.

Orders

  • ["A hearing of the applicant's application for costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013." "The respondent is to pay the applicant's costs of and incidental to the assessment by its expert Dr Casey and the proceedings after 10 July 2020." 'The abovementioned...