Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 117 Hearing dates: On the papers Date of orders: 2 May 2023 Decision date: 02 May 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) A hearing of the applications is dispensed with. (2) The appellant's application for an extension of time to make an application for costs is refused. (3) The appellant's application for an extension of time to make submissions in response to the respondent's application for costs is refused. (3) The appellant is to pay the respondent's costs of the interlocutory applications determined on 30 January 2023 and 21 February 2023, fixed in the sum of $5,000, immediately. Catchwords: COSTS – costs of multiple applications which were an abuse of process – failure of costs respondent to engage with costs application but instead to continue to agitate matters already determined - costs in fixed sum Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ausino International v Apex Sports [2006] NSWSC 1119 Cripps v G & M Dawson Pty Ltd [2006] NSWCA 81 Fiduciary v Morningstar Fitzpatrick Investments Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Gallo v Dawson 93 ALR 479; (1990) HCA 30 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Minister for Education and Early Childhood Learning v Zonnevylle [2020] NSWCA 232 STAR Training Academy Pty Ltd v Commissioner of Police (No 2) [2022] NSWCATAP 98 Zonnevylle v Minister for Education & Early Childhood Learning (No 2) [2022] NSWCATAP 87 Zonnevylle v Secretary, Department of Education; Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 53 Texts Cited: None cited Category: Costs Parties: Peter Zonnevylle (Appellant) Secretary, Department of Education (Respondent) Representation: Solicitors: Self-represented (Appellant) Crown Solicitor (Respondent) File Number(s): 2022/00196935 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 187 Date of Decision: 07 June 2022 Before: M Griffin, Senior Member File Number(s): 2021/00337143