Tu -v- University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25

Set aside by Appeal : Set aside by appeal on 18 July 2003 (Court of Appeal)

Appeal Panel

CITATION: Tu -v- University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 APPELLANT PARTIES: John Hsiao-Kong Tu RESPONDENT University of Sydney FILE NUMBER: 019002 HEARING DATES: Not Applicable SUBMISSIONS CLOSED: 07/09/2002 DATE OF DECISION: 08/13/2002

Not applicable DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Rees N - Judicial Member; Alt M - Member CATCHWORDS: costs MATTER FOR DECISION: Costs FILE NUMBER UNDER APPEAL: 991004 DATE OF DECISION UNDER APPEAL: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 LEGISLATION CITED : Freedom of Information Act 1989 Legal Profession Act 1987 Victorian Civil and Administrative Tribunal Act 1998 Tu v University of Sydney [2002] NSWADTAP 19 Cleary Bros (Bombo) Pty Ltd v Cvetkovski (EOD) [2001] NSWADTAP 10 Prasad & anor -v- Fairfield City Council (RLD) [2002] NSWADTAP 2 Alessa Pty Limited -v- Total & Universal Pty Limited (RLD) [2002] NSWADTAP 16 CASES CITED: Langley v University of New South Wales (1984) EOC 92-018 Anon v Anon (No 1) [1997] NSWEOT (18 July 1997) Fonua v Broken Hill Proprietary Co Ltd & ors [1999] NSWADT 59 Ram Mishra v University of Technology, Sydney, No 23 of 1998, [1998] NSWADT (14 October 1998) Sivananthan v Commissioner of Police [2002] NSWADT 45 APPELLANT REPRESENTATION: S Winters, barrister RESPONDENT J Oakley, barrister ORDERS: 1. In relation to the original proceedings before the Equal Opportunity Division (matter no 991004), the appellant pay the respondent's costs in relation to the services of one legal practitioner for the case conference held on 23 August 2000, the telephone conference held on 13 November 2000, and for the days of hearing, 18 and 20 December 2000, and 10 January 2001. ; 2. In relation to the proceedings before the Appeal Panel (matter no 019002), the appellant pay the respondent's costs of the appeal in relation to the services of one legal practitioner.; 3. If the parties are unable to agree on the amount of costs, it is to be determined by a costs assessor in accordance with the Legal Profession Act 1987.