FSO v Secretary, Department of Education (No 2) (Costs) [2023] NSWCATAD 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FSO v Secretary, Department of Education (No 2) (Costs) [2023] NSWCATAD 283 Hearing dates: 4 September 2023 Date of orders: 30 October 2023 Decision date: 30 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: HJ Dixon SC, Senior Member Decision: 1. The Applicant is to pay to the Respondent the Respondent's costs of the proceedings including the application for an award of costs dated 30 May 2023 as agreed or, if not agreed, as assessed pursuant to the relevant legal costs legislation as defined in s 3A of the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: Costs – special circumstances established – claims unsupported by evidence – claims lacking merit – large volume of materials with no or marginal evidentiary value Legislation Cited: Anti-Discrimination Act 1997 (NSW), ss 49B, 92, 93C Civil and Administrative Tribunal Act 2013, ss 36(3), 60 Legal Profession Uniform Law Application Act 2014 (NSW), s 3A Cases Cited: Brodyn Pty Ltd v Owners Corporation – Strata Plan SNP 73019 (No 2) [2016] NSWCATAP 224 Coal and Allied Operations Pty Ltd v AIRC (2000) 203 CLR 194 Cripps v G&M Dawson Pty Ltd [2006] NSWCA 81 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 James v Department of Justice (Corrective Services NSW) (No 2) [2022] NSWCATAP 216 McEwan v Port Stephens Council (No 2) [2022] NSWCATAP 386 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Owners Corporation – Strata Plan 4521 v Zouk & Anor [2007] NSWCA 231 Shaw v Secretary, Department of Education [2023] NSWCATAD 102 Trajkovski v Harrison (No 2) [2023] NSWCATAP 228 Zucker v Burbank Montague Pty Ltd [2018] NSWCATAP 135 Texts Cited: None Category: Costs Parties: FSO (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: C Ronalds AO SC; D Thomas (Respondent)