Recent Cases

EFG v Secretary, Department of Communities and Justice [2025] NSWCA 245 (17 November 2025) (Bell CJ, Mitchelmore and Kirk JJA)


Catchwords:


ADMINISTRATIVE LAW – appeal from judicial review decision – legal unreasonableness –certificate under Costs in Criminal Cases Act 1967 (NSW) – determination of costs that should be paid by Secretary of Department – whether Secretary bound to award “costs reasonably incurred” – application of Attorney General’s payment rates for solicitors and counsel – standard of legal unreasonableness – advertence to policy considerations – statutory purpose – no error in reasoning of primary judge