McMillan v Director-General of Communities NSW

The matter between McMillan and the Director-General of Communities NSW was heard in the Supreme Court of New South Wales. The applicant, McMillan, sought a declaration that the Director-General had unlawfully deprived them of their property without compensation. The Director-General, in turn, argued that the claim was unfounded and without merit. The court was required to determine whether a declaration should be granted and if the Director-General had, in fact, surrendered the property in question.

The primary legal issue was whether the Director-General had unlawfully deprived McMillan of their property. The court also needed to consider the utility of granting a declaration and the costs associated with the proceedings. The Director-General argued that the claim should be dismissed due to the lack of merit, and the costs should follow the event in favour of the Director-General. However, the applicant argued that the Director-General had surrendered the property, and the declaration was necessary.

The court found that while the Director-General had indeed surrendered the property, the making of a declaration would have no utility. The court granted the applicant's claim on the basis of the surrender but did not grant a declaration. In terms of costs, the court held that as the applicant succeeded on one issue, they were entitled to costs. However, the court ordered that the costs should be shared equally between the parties, considering the overall outcome of the proceedings.

The court made no further orders regarding the matter, and the decision stands as it is. The Director-General was found to have surrendered the property, and the applicant's claim was partially successful. However, as the declaration was not granted, the overall outcome of the proceedings was considered to be balanced. Consequently, the court ordered that the costs be shared equally between the parties.