DZU v Foundations Care [2021] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZU v Foundations Care [2021] NSWCATAD 142 Hearing dates: On the papers Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member P Foreman, General Member Decision: 1. A hearing of the applicant's application for costs is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The respondent is to pay the applicant's costs of and incidental to: a. the assessment by its expert Dr Casey; and b. the proceedings after 10 July 2020. 3. The abovementioned costs are to be paid as agreed or assessed on the basis set out in s 60(4)(b) of the NCAT Act. Catchwords: COSTS – administrative review proceedings – proceedings settled at the end of the second last day of a three day hearing - whether special circumstances warranting an award of costs – whether costs to be assessed on an indemnity basis Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: BPU v New South Wales Trustee and Guardian (Costs) [2016] NSWCATAP 87 Commissioner for Fair Trading v Edward Lees Imports Pty Ltd (No 2) [2019] NSWCATAP 222 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Edward v CohenHandler Pty Ltd (No 2) [2017] NSWCATAP 81 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Jubian v Clark (No 2): Clark v Jubian (No2) [2016] NSWCATAP 153 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 P v NSW Trustee and Guardian (No 2) [2015} NSWSC 676 Texts Cited: Nil Category: Costs Parties: DZU (Applicant) Foundations Care (Respondent) Representation: Counsel: P Decle for the Applicant T Stevens for the Respondent