Andrew Kennedy Funeral Directors Pty Ltd v Commissioner of Fair Trading [2020] NSWCATAD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Andrew Kennedy Funeral Directors Pty Ltd v Commissioner of Fair Trading [2020] NSWCATAD 195 Hearing dates: On the papers Date of orders: 3 August 2020 Decision date: 03 August 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The application for costs is dismissed. Catchwords: ADMINISTRATIVE LAW – costs – whether there are special circumstances warranting an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Government Information (Public Access) Act 2009 Cases Cited: CEU v University of Technology Sydney [2017] NSWCATAD 280 Cominos v Di Rico (No 2) [2016] NSWCATAP 138 Cripps and Another v G & M Dawson Pty Ltd and Another; G & M Dawson Pty Ltd and Another v Cripps and Another [2006] NSWCA 81 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Texts Cited: None cited Category: Costs Parties: Andrew Kennedy Funeral Directors Pty Ltd (Applicant) Commissioner of Fair Trading (Respondent) Representation: Solicitors: Dentons Australia Limited (Applicant) Department of Customer Service, Legal (Respondent) File Number(s): 2019/00370904 Publication restriction: Nil

Reasons for Decision

Introduction 1. This is an application by Andrew Kennedy Funeral Directors Pty Ltd ("the Applicant") for orders that the Commissioner of Fair Trading ("the Respondent") pay its costs of these proceedings. 2. Pursuant to section 60 of the Civil and Administrative Tribunal Act 2013 ("the NCAT Act") the Tribunal has jurisdiction to award costs in relation to proceedings before it if it is satisfied that there are special circumstances warranting an award of costs.