Sedergreen v TAFE NSW [2020] NSWCATAD 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sedergreen v TAFE NSW [2020] NSWCATAD 273 Hearing dates: On the papers Date of orders: 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member J Delahunty, Senior Member Decision: The application for costs is refused. Catchwords: COSTS – amended points of claim - adjournment – costs thrown away Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP Cretazzo v Lombardi (1975) 13 SASR 4 at 11 Moseley v AB (No 2) [2017] NSWSC 1812 (20 December 2017) Peters v Peters [1907] NSWStRp 47; (1907) 7 SR (NSW) 398 Scharer v Counting Instruments Ltd [1986] 1 WLR 615 Williams v Lewer [1974] 2 NSWLR 91 Category: Procedural and other rulings Parties: Caroline Sedergreen on behalf of Henry Sedergreen (Applicant) TAFE NSW (First Respondent) Robyn Brennan (Second Respondent) Representation: Counsel: R Lee (Respondents)

Solicitors: MinterEllison (Respondents) File Number(s): 2020/00115300 Publication restriction: None

REASONS FOR DECISION 1. Mr Henry Sedergreen ("the applicant") has commenced a claim for discrimination against TAFE NSW and one of its head teachers in nursing, Ms Robyn Brennan ("the respondents") pursuant to the Anti-Discrimination Act 1977 (NSW). 2. This matter was listed for hearing on 8 and 9 October 2020. The applicant, by his agent, Mrs Sedergreen, sought to amend his points of claim. The application was opposed. The Tribunal allowed the amendment. The Respondent successfully requested for the hearing to be adjourned on the basis of, amongst other things, prejudice. 3. These reasons for decision relate to an application by respondent for the applicant to pay their costs of the hearing thrown away.