Re Kerry (No 2)

In *Re Kerry (No 2)*, the Court of Appeal of New South Wales considered an application for prerogative relief brought by the mother and grandmother of a child. This application sought to challenge a decision of the District Court, which had itself been an appeal from the Children's Court concerning care proceedings for the child. The Director-General of Family and Community Services was the respondent defending the application. The application for prerogative relief was unsuccessful.

The central legal issue before the Court of Appeal was whether there were any special factors that would warrant a departure from the general rule that costs follow the event in litigation. Specifically, the respondent sought an order for costs against the unsuccessful applicants, the mother and grandmother.

The Court determined that the general rule regarding costs should apply. The applicants had initiated the proceedings by filing a summons on 18 November 2011. The Court found no special circumstances that would justify departing from the usual order that the unsuccessful party pays the costs of the successful party.

Consequently, the Court ordered that the first and second plaintiffs (the mother and grandmother) pay the first and second defendants' (the Director-General's) costs of the prerogative relief proceedings in the Court of Appeal from 18 November 2011 to the date of the order. The Court clarified that the costs of the District Court proceedings before Balla DCJ were not included in this order.