DVT v Commissioner of Police [2022] NSWCATAP 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police [2022] NSWCATAP 4 Hearing dates: On the papers Date of orders: 11 January 2022 Decision date: 11 January 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President M Harrowell, Deputy President Decision: 1. The Appeal Panel dispenses with a hearing of the application for costs pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The respondent's application for costs in respect of the appeal is dismissed. 3. The respondent's application for an order under s 64 of the Civil and Administrative Tribunal Act 2013 is dismissed. Catchwords: COSTS – Special Circumstances – no special circumstances warranting an award of costs PRACTICE AND PROCEDURE – application for an order to prohibit the publication of solicitors charge rates provided in evidence in support of an application for costs – principle of open justice Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Freedom of Information Act 1989 (NSW) (repealed) Cases Cited: Cianfrano v Director General, NSW Department of Commerce [2008] NSWADTAP 1 DVT v Commissioner of Police (No 2) [2021] NSWCATAP 344 Texts Cited: Nil Category: Costs 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: Orders previously made regarding an anonymisation of appellant continue to apply. 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