Xiao Qing Wu v Fairfield City Council No 2 [2023] NSWCATAD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Xiao Qing Wu v Fairfield City Council No 2 [2023] NSWCATAD 112 Hearing dates: On the papers Date of orders: 17 May 2023 Decision date: 17 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: 1. A hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013. 2. The applicant shall pay the respondent's costs of the administrative review fixed at $2,296.80. Catchwords: COSTS – where application for administrative review dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 due to lack of jurisdiction – where applicant warned by respondent that costs would be sought if matter proceeded – special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 - fixed costs order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 State Environmental Planning Policy (Exempt and Complying Developments Codes) 2008 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 29 BHS v Biripi Aboriginal (sic) Children's Services (No2) [2015] NSWCATAD 109 Chan v Commissioner for Fair Trading [2015] NSWCATAD 62 Re JRL; ex parte CJL (1986) 161 CLR 342 R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546 STAR Training Academy Pty Ltd v Commissioner of Police (No 2) [2022] NSWCATAP 98 Turner v Kostoglou and Anor [2005] SASC 132 Wojciechowska v Commissioner of Police, NSW Police Force (No 2) [2023] NSWCATAP 104 Wu v Fairfield City Council [2023] NSWCATAD 21 Yammatree Pty Ltd (Applicant); North West Local Land Service [2015] NSWCATAD 221 Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 117 Texts Cited: None Category: Consequential orders Parties: Xiao Qing Wu – Applicant Fairfield City Council – Respondent Representation: Applicant – self-represented Respondent – Houston Dear O'Connor Lawyers File Number(s): 2022/00305591 Publication restriction: None