Webb v Port Stephens Council [2023] NSWCATAD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Webb v Port Stephens Council [2023] NSWCATAD 137 Hearing dates: On the papers Date of orders: 6 June 2023 Decision date: 06 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior 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) Pursuant to section 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Applicant, Ms Telina Webb, is ordered to pay the Respondent, the Port Stephens Council, costs in the amount of $7,000.00 within 28 days of this order being made. (3) Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis is prohibited. That material is not to be released to either the Applicant or the public. Catchwords: COSTS – Section 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) – whether special circumstances established – whether all factors listed in section 60(3) must be satisfied or whether it is a non-exhaustive list of considerations – whether there was unreasonable incurrence of costs – whether there was a failure to comply with the duty under section 36 of Civil and Administrative Tribunal Act 2013 (NSW) – whether an award of fixed costs is appropriate and if so in what amount Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: 203 Castlereagh Street Pty Limited v Skybloo Limited [2017[ NSWCATAP 29 Alexander James Pty Ltd v Pozetu Pty Ltd (No. 2) [2016] NSWCATAP75 Bechara (t/as Bechara and Co) v Bates [2016] NSWCA 294 Bilic v Commissioner of Police [2022] NSWCATAD 93 Commissioner of Police v Robinson (No. 2) [2022] NSWCATAP 280 Cripps v G&M Mawson [2006] NSWCA 84 Grasso v Owners of Strata Plan No 52399 NSWCATAP 91 Hamod v State of New South Wales [2002] FCA 424 McEwan v Port Stephens Council (No. 2) [2022] NSWCATAP 386 McEwan v Port Stephens Council (No. 2) [2022] NSWCATAD 308 Oshlak v Richmond River Council [1998] HCA 11 Webb v Port Stephens Council [2023] NSWCATAP 133 Webb v Port Stephens Council [2022] NSWCATAD 404 Wojciechowska v Commissioner of Police, NSW Police Force (No 2) [2023] NSWCATAP 104 Texts Cited: None Category: Costs Parties: Telina Webb (Applicant) Port Stephens Council (Respondent) Crown Solicitor (Interested Party) Representation: Solicitors: Applicant (Self-represented) Lindsay Taylor Lawyers (Respondent) Crown Solicitor (Interested Party) File Number(s): 2022/00138219 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 (NSW), disclosure of the material filed by the Respondent on a confidential basis is prohibited. That material is not to be released to either the Applicant or the public.