Mangoplah Pastoral Company Pty Ltd -v- Great Southern Energy (No. 2) [2000] NSWADT 4

CITATION: Mangoplah Pastoral Company Pty Ltd -v- Great Southern Energy (No. 2) [2000] NSWADT 4 DIVISION: General Division APPLICANT PARTIES: Mangoplah Pastoral Company Pty Ltd RESPONDENT Great Southern Energy FILE NUMBER: 993044 HEARING DATES: SUBMISSIONS CLOSED: 12/08/1999 DATE OF DECISION: 01/11/2000

BEFORE: Smith MB - Judicial Member APPLICATION: Costs MATTER FOR DECISION: Costs application LEGISLATION CITED : Freedom of Information Act 1989 CASES CITED: Boscolo v Secretary, Department of Social Security (1999) 29 AAR 120 Hurt v Director-General, Department of Fair Trading [1999] NSWADT 50 APPLICANT D D Feller (Barrister) REPRESENTATION: Commins Hendricks (Solicitors) RESPONDENT J G Renwick (Barrister) Belbridge Hague (Solicitors) ORDERS: 1. The applicant's application for costs is refused.

1 In this matter brought under s 53 of the Freedom of Information Act 1989 (NSW), I gave a decision on 30 September 1999 in which I ordered the release to the applicant of all but one of the documents in contention. The circumstances of the application appear in my published reasons and I shall not repeat them (see Mangoplah Pastoral Company Pty Ltd v Great Southern Energy [1999] NSWADT 93).

2 The applicant subsequently applied for an order under s 88 of the Administrative Decisions Tribunal Act 1997 (NSW) that the respondent pay its costs in relation to the proceedings on an indemnity basis. The parties have agreed that the Tribunal should decide this question on written submissions, without further hearing.