Commissioner of Police v EMB (No.2 - Costs of Application for a Stay) [2021] NSWCATAP 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v EMB (No.2 - Costs of Application for a Stay) [2021] NSWCATAP 60 Hearing dates: On the papers Date of orders: 18 March 2021 Decision date: 18 March 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The respondent's application that the appellant pay his costs of the Application for a Stay is dismissed. Catchwords: APPEAL – Application for a Stay – costs – whether "special circumstances warranting an award of costs" within the meaning of s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) established – exercise of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Brodyn Pty Ltd v Owners Corporation – Strata Plan 73019 (No 2) [2016] NSWCATAP 224 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (No 2) [2016] NSWCATAP 168 Texts Cited: Nil Category: Costs Parties: Commissioner of Police (Appellant) EMB (Respondent) Representation: Counsel: C Mantziaris (Appellant) C Nowlan (Respondent)

Solicitors: Maddocks Lawyers (Appellant) Johnson & Sendall (Respondent) File Number(s): 2020/00371166 (AP 20/48252) Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of the respondent is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 255 Date of Decision: 20 October 2020 Before: N Isenberg, Senior Member File Number(s): 2020/00152964