Bilic v Commissioner of Police [2022] NSWCATAD 93

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bilic v Commissioner of Police [2022] NSWCATAD 93 Hearing dates: On the papers Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) An oral hearing on the issue of costs is dispensed with under s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The applicant is to pay the respondent costs for the period from 7 December 2021 to 22 February 2022, as agreed or assessed. Catchwords: COSTS – withdrawal of application – whether special circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Cripps v G & M Mawson [2006] NSWCA 84 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: Anthony Bilic (Applicant) Commissioner of Police (Respondent) Representation: Solicitors Applicant (Self Represented) Bartier Perry (Respondent) File Number(s): 2021/00213032 Publication restriction: Nil

Reasons for decision

Introduction 1. These reasons for decision relate to the respondent's (the Commissioner) application for costs following the applicant's (Mr Bilic) withdrawal of his application in proceedings 2021/213032. 2. For the reasons set out below, I am not satisfied that the Commissioner has established that special circumstances warrant an order being made for some of the costs.

Dispensing with the Hearing 1. Section 50 of the Civil and Administrative Tribunal Act (NSW) 2013 (NCAT Act) relevantly provides: 50 When hearings are required (1) A hearing is required for proceedings in the Tribunal except: … (c) if the Tribunal makes an order under this section dispensing with a hearing, or … (2) The Tribunal may make an order dispensing with a hearing if it is satisfied that the issues for determination can be adequately determined in the absence of the parties by considering any written submissions or any other documents or material lodged with or provided to the Tribunal. (3) The Tribunal may not make an order dispensing with a hearing unless the Tribunal has first: (a) afforded the parties an opportunity to make submissions about the proposed order, and (b) taken any such submissions into account. (4) The Tribunal may determine proceedings in which a hearing is not required based on the written submissions or any other documents or material that have been lodged with or provided to the Tribunal in accordance with the requirements of this Act, enabling legislation and the procedural rules. … 1. The Tribunal's directions for submissions on costs asked the parties to address s 50 of the NCAT Act. As noted above, the Commissioner has consented to the application being determined on the papers and no response has been received from Mr Bilic regarding the costs application. The Tribunal is satisfied the parties have had the opportunity to make submissions about a hearing on the papers. The Tribunal is satisfied that the issue of costs can adequately be determined in the absence of the parties by considering the written submissions of the parties. The parties would be put to unnecessary expense if a hearing on costs were held.