Application for costs under s 88 Care Act — care proceedings — exceptional circumstances — application for costs dismissed.

Application for costs under s 88 Care Act — exceptional circumstances — costs to paternal grandmother.

Child care appeal dismissed in Y v The Secretary, Department of Communities and Justice (No 6) [2021] NSWDC 392 (see [3-1420]) — s 88 Care Act and s 98 Civil Procedure Act 2005 — application by the Secretary, Department of Communities and Justice for a compensatory specified gross sum costs order against the appellant — application based on the cost consequences of the inefficient, combative, non-compliant and time-wasting manner in which appeal was conducted by appellant father — exceptional circumstances under s 88 Care Act established — specified gross sum costs made in Secretary’s favour.

Appeal from decision of Children’s Court refusing appellant’s application for costs — Secretary, Department of Communities and Justice failed to meet the establishment criteria in proceedings in the Children’s Court — exceptional circumstances shown by the costs appellant within the meaning of s 88 Care Act.

Application for costs under s 88 Care Act — the appellant’s appeal costs to be paid by DFaCS due to exceptional circumstances — exceptional circumstances arose because DFaCS’s position was based on flawed care agency investigation report.

Application for costs under s 88 Care Act — application for costs to be paid to the carers by the paternal grandmother — whether there are exceptional circumstances to justify a costs order — application dismissed.