Re Paul (No 2) [2024] NSWSC 106

Re Paul (No 2) [2024] NSWSC 106

The proper costs order was that the Secretary pay the mother's costs on the ordinary basis because the proceedings were necessitated by the Secretary's pre-emptive taking of the child into care without court leave or notice despite a recent District Court judgment for return of the child, the Secretary actively opposed the mother's parens patriae application for most of the hearing, the mother was substantially successful, the opposition caused her to incur substantial costs, and denying costs would diminish resources available for the child's care and risk deterring reasonably made applications for parens patriae relief.

Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Costs Application in Protective Proceedings Invoking Parens Patriae Jurisdiction / After the Mother Successfully Obtained Orders for the Return of Her Child and Applied for the Secretary to Pay Her Costs
Outcome
The mother's costs application succeeded.
Legal Topics
['parens Patriae Jurisdiction' 'costs Discretion' 'welfare Principle' 'costs Follow the Event' 'ordinary Basis Costs']
['costs' 'protective Jurisdiction' 'children and Young Persons' 'civil Procedure'] ['parens Patriae Jurisdiction' 'costs Discretion' 'welfare Principle' 'costs Follow the Event' 'ordinary Basis Costs']

Case Brief

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Procedural Posture

Costs Application in Protective Proceedings Invoking Parens Patriae Jurisdiction / After the Mother Successfully Obtained Orders for the Return of Her Child and Applied for the Secretary to Pay Her Costs

Legal Issues

  1. 1 ['What, in all the circumstances, was the proper order to make in relation to costs in protective proceedings in which the mother had substantially succeeded on her parens patriae application.' "Whether the Secretary should pay the mother's costs or whether there should be no order as to costs."]

Ratio Decidendi

The proper costs order was that the Secretary pay the mother's costs on the ordinary basis because the proceedings were necessitated by the Secretary's pre-emptive taking of the child into care without court leave or notice despite a recent District Court judgment for return of the child, the Secretary actively opposed the mother's parens patriae application for most of the hearing, the mother was substantially successful, the opposition caused her to incur substantial costs, and denying costs would diminish resources available for the child's care and risk deterring reasonably made applications for parens patriae relief.

Court Disposition

The mother's costs application succeeded.

Orders

  • ["The Secretary pay the mother's costs of the proceedings on the ordinary basis."]