Stokes v D/G Department of Community Services [2001] NSWSC 322

Stokes v D/G Department of Community Services [2001] NSWSC 322

The Supreme Court retained inherent jurisdiction concerning the welfare of children and the circumstances were exceptional because the plaintiff had made travel arrangements under subsisting Children's Court orders and had good reason to believe that Mr Streak would not comply with those orders. The Director General's officers did not act unreasonably or irresponsibly, so no costs order was made against the Director General. Mr Streak, however, disregarded an effective magistrate's order when he could have sought urgent interlocutory relief in the Supreme Court, and his District Court stay application was refused; accordingly he should pay the plaintiff's costs of the proceedings.

Jurisdiction
Australia
Judgment Date
30 April 2001
Procedural Posture
Summons for Interlocutory Relief in Relation to Children's Court Access Orders / Costs Following Dismissal of Summons
Outcome
Summons dismissed; second defendant to pay the plaintiff's costs.
Legal Topics
['care Proceedings' 'interim Access Orders' 'interlocutory Relief' 'inherent Jurisdiction Concerning Welfare of Children' 'costs After Proceedings No Longer Continued']
['children Law' 'civil Procedure' 'costs'] ['care Proceedings' 'interim Access Orders' 'interlocutory Relief' 'inherent Jurisdiction Concerning Welfare of Children' 'costs After Proceedings No Longer Continued']

Case Brief

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Procedural Posture

Summons for Interlocutory Relief in Relation to Children's Court Access Orders / Costs Following Dismissal of Summons

Legal Issues

  1. 1 ["Whether the Supreme Court had jurisdiction to grant interlocutory relief in support of Children's Court access orders concerning a child." 'Whether exceptional circumstances justified Supreme Court intervention despite the statutory appeal route to the District Court.' 'Whether the plaintiff should receive costs after the summons was dismissed, and if so against which defendant.' 'Whether costs should be awarded against the Director General in proceedings relating to the welfare of a child.']

Ratio Decidendi

The Supreme Court retained inherent jurisdiction concerning the welfare of children and the circumstances were exceptional because the plaintiff had made travel arrangements under subsisting Children's Court orders and had good reason to believe that Mr Streak would not comply with those orders. The Director General's officers did not act unreasonably or irresponsibly, so no costs order was made against the Director General. Mr Streak, however, disregarded an effective magistrate's order when he could have sought urgent interlocutory relief in the Supreme Court, and his District Court stay application was refused; accordingly he should pay the plaintiff's costs of the proceedings.

Court Disposition

Summons dismissed; second defendant to pay the plaintiff's costs.

Orders

  • ['The summons is dismissed.' "The second defendant should pay the plaintiff's costs." 'No order for indemnity costs was made.']