Monthly Archive September 1987

Wilson v McDougal & Anor (1987) NSWLR 241

In this matter, Greg Walsh represented the successful defendant arising from an appeal from a decision of a Magistrate to award costs to the defendants arising from care proceedings pursuant to the Child Welfare Act 1939. Newman J held that where proceeding in their conduct, with the Child Welfare Act 1939, are both misconceived and mischievous of latter element entitles the Court to use its inherent jurisdiction to award costs and an appropriate remedy to counteract the mischief.