James v Secretary, NSW Department of Communities and Justice (no 2) [2022] NSWCATAD 59

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v Secretary, NSW Department of Communities and Justice (no 2) [2022] NSWCATAD 59 Hearing dates: on the papers Date of orders: 21 December 2021 Decision date: 21 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member F Given, General Member Decision: The application for costs made by the Secretary, NSW Department of Communities and Justice, is refused. Catchwords: COSTS — whether "special circumstances" established — whether discretion to award cost should be exercised COSTS — application of costs provisions c in the Uniform Civil Procedure Rules 2005 (NSW) in proceedings under the Anti-Discrimination Act 1977 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Anti-Discrimination Act 1977 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: James v NSW Department of Communities and Justice [2021] NSWCATAD 118 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204 Category: Costs Parties: Rita James (Applicant) Secretary, NSW Department of Communities and Justice (Respondent) Representation: Solicitors: Applicant (Self-Represented) McCullough Robertson (Respondent) File Number(s): 2019/00063253 Publication restriction: N/A