Deputy Secretary, Local Government Planning and Policy v Cornish [2021] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Deputy Secretary, Local Government Planning and Policy v Cornish [2021] NSWCATOD 35 Hearing dates: 15 February 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: The application made on 15 September 2020 for an order for costs of Tribunal proceedings 2017/212948 finalised on 12 July 2018 is dismissed Catchwords: COSTS – local government councillor – disciplinary proceedings – order set aside – application for costs – whether special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Local Government Act 1993 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27, [2009] 239 CLR 175 Burns v Corbett; Gaynor v Burns (2017) 96 NSWLR 247; [2017] NSWCA 3 Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110 Cornish v Chief Executive, Office of Local Government [2018] NSWCATAP 235 Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 Daoud v Chief Commissioner of State Revenue [2015] NSWCATAD 53 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Khatri v Price (1999) 95 FCR 287; [1999] FCA 1289 Mesiha v Murrell [2017] NSWCATAP 1 Vitality Works Australia Pty Limited v Yelda; Sydney Water Corporation v Yelda (No 2) [2021] NSWCATAP 66 Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213 Texts Cited: Dal Pont Law of Costs 4th ed, 2018 Category: Costs Parties: Deputy Secretary, Local Government Planning and Policy (Applicant) Marcus Cornish (Respondent) Representation: Counsel: M Cobb-Clark (Applicant) J Loxton (Respondent)