DVT v Commissioner of Police (No 2) [2021] NSWCATAP 344

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police (No 2) [2021] NSWCATAP 344 Hearing dates: On the papers Date of orders: 4 November 2021 Decision date: 04 November 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Harrowell, Deputy President Decision: (1) The order dispensing with a hearing is affirmed. (2) The time for filing the Notice of Appeal is extended to 7 January 2021. (3) Leave to appeal is refused and the appeal is dismissed. (4) The Respondent must file and serve within 14 days any submissions it wishes to make in support of an order for costs of the appeal. (5) The Appellant has 14 days thereafter to file and serve any submissions in opposition to the Respondent's submissions on costs of the appeal. (6) The parties' submissions on costs of the appeal should include whether the Appeal Panel may decide costs of the appeal "on the papers" and thus dispense with a hearing on costs of the appeal. (7) The order made in the proceedings at first instance pursuant to s64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting publication or the broadcast of the name of the Appellant (DVT) continues to apply to these appeal proceedings. Catchwords: ADMINISTRATIVE LAW- appeal against costs order following late withdrawal of application-special circumstances Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Civil & Administrative Tribunal Rules 2014 (NSW)Administrative Decisions Review Act 1997 (NSW) Privacy & Personal Information Protection Act 1998 (NSW) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391 Conimos v Di Rico (No 2) [2016] NSWCATAP 138 Cripps v G & M Mawson [2006] NSWCA 84 D Constructions Pty Ltd v Walsh [2020] NSWCATAP 91 Dimitropolous v Capital Constructions Pty Ltd [2018] NSWCATAP 100 Director-General Department of Finance & Services v Porter [2014] NSWCATAP 6 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 279 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Micaleff v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Musico v Davenport [2003] NSWSC 977 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Thompson v Chapman [2016] NSWCATAP 6 Category: Principal judgment Parties: DVT (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Crown Solicitor (Respondent) File Number(s): 2021/0056033 formerly AP 21/01297 Publication restriction: The order made in the proceedings at first instance pursuant to s64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting publication or the broadcast of the name of the Appellant (DVT) continues to apply to these appeal proceedings. Decision under appeal Court or tribunal: New South Wales Civil & Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 299 Date of Decision: 8 December 2020 Before: M Gracie (Senior Member) File Number(s): 2020/00178009