Russell -v- Commissioner of Police, New South Wales Police Service & Ors (No 2) [2002] NSWADT 252

CITATION: Russell -v- Commissioner of Police, New South Wales Police Service & Ors (No 2) [2002] NSWADT 252 DIVISION: Equal Opportunity Division APPLICANT The Late Edward John Russell brought on his behalf by Helen Russell and Ted Russell RESPONDENTS Commissioner of Police, New South Wales Police Service Senior Constable Mewburn Constable First Class Hook PARTIES: Senior Constable Mountford Senior Constable Bellamy Sergeant Healey Constable Gow Senior Constable Griffiths Detective Keogh Constable Morris Senior Constable Callaghan FILE NUMBER: 001016 HEARING DATES: 20/06/2001 SUBMISSIONS CLOSED: 07/12/2001 DATE OF DECISION: 12/02/2002

BEFORE: Ireland G - Judicial Member; Farmer L - Member; Taksa L - Member APPLICATION: Costs MATTER FOR DECISION: Application ancilliary to principal matter; contribution; costs LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Commissioner of Police v. The Estate of Edward John Russell & Ors [2002] NSWCA 272 Burke vs Tralaggan & Anor [1986] EOC92-161 Gulliver vs The Council of the City of Sydney & Anor [1987] EOC92-185 CASES CITED: V v. Y & anor; X v. Y & anor [2002] NSWADT 7 De La Rosa & Anor; Exparte Norgard vs Rodpat Nominees Pty Ltd [1991] 31FCR83 Sky Channel Pty Ltd vs Tszyu (No. 2) (unreported - 30 November 2000) Gallagher vs NSW Police Service [1998] NSW EOT APPLICANT M Tibbey, solicitor REPRESENTATION: FIRST RESPONDENT W Haylen QC, barrister SECOND TO ELEVENTH RESPONDENTS C Birch SC, barrister ORDERS: 1. The Tribunal does not have the power to examine the rights of contribution between the Respondents' arising as a consequence of the application of s.53(2) of the Anti-Discrimination Act, 1977 for the payment of the award of damages in favour of the claimant; 2. That the First to Eleventh Respondents pay to the Applicants an amount in respect to the costs and expenses incurred by the Applicant in relation to these proceedings and in these applications and that the amount of such costs and expenses be determined in accordance with the provisions of the Legal Profession Act, 1987 if the parties are unable to reach agreement as to the amount to be paid.