Commissioner of Police v Robinson (No 2) [2022] NSWCATAP 280

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v Robinson (No 2) [2022] NSWCATAP 280 Hearing dates: On the papers Date of orders: 30 August 2022 Decision date: 30 August 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member J Lucy, Senior Member Decision: (1) Dispense with a hearing on the question of costs pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). (2) Order that the appellant pay the respondent the amount of $4,400 inclusive of GST for and towards the respondent's costs of the appeal within 30 days. Catchwords: COSTS – whether special circumstances exist warranting an order for costs – unsuccessful appellant, being a government body, sought leave to appeal as a test case in order to clarify the law in respect of the practice and procedure of medical examination of parties – whether lump sum order of costs is appropriate Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36, s 50(2), s 60, s 60(3) Cases Cited: Auspine Ltd v Australian Newsprint Mills Ltd (1999) 93 FCR 1; [1999] FCA 673 Bechara trading as Bechara and Company v Bates [2016] NSWCA 294 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213 Marrickville Municipal Council v Moustafa (No 2) [2002] NSWCA 179 Mirvac North Sydney Office Holdings Pty Limited v The Australian Industry Group [2022] NSWCATAP 233 News v Cotes (No 2) [2019] NSWCATAP 235 Oshlack v Richmond River Council (1998) 193 CLR 72 Penson v Titan National Pty Ltd (No 3) [2015] NSWCA 121 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None cited Category: Costs Parties: Commissioner of Police (Appellant) Glen Robinson (Respondent) Representation: Counsel: M Seck (Appellant) VM Heath (Respondent)