DVT v Commissioner of Police (No 2) [2022] NSWCATAP 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVT v Commissioner of Police (No 2) [2022] NSWCATAP 5 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: Administrative Decisions Review Act 1997(NSW) formerly the Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Freedom of Information Act 1989 (NSW) (repealed) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWADT 223 AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391 Cianfrano v Director General, NSW Department of Commerce [2008] NSWADTAP 1 DVT v Commissioner of Police [2021] NSWCATAP 337 DVT v Commissioner of Police (No 2) [2021] NSWCATAP 344 Shi Shi Cindy Lee v Dr Geoffrey Lee Jessica Talbert v Dr Geoffrey Lee & Sue Maree Olsen/Lee. Sue Maree Olsen v Shi Shi Cindy Lee, Jessica Talbert, GP Legal Solicitors [2014] NSWCATCD 181 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP Texts Cited: Nil Category: Costs Parties: DVT (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Crown Solicitor (Respondent) File Number(s): 2021/00056044 formerly AP 21/02272 Publication restriction: Nil 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: 14 December 2020 Before: C Ludlow (Senior Member) File Number(s): 2020/00141477