Brooks Maher -v- Cheung [2001] NSWADT 18

CITATION: Brooks Maher -v- Cheung [2001] NSWADT 18 DIVISION: General Division APPLICANT PARTIES: Emma Dorothy Brooks Maher RESPONDENT Kwai Lin (Karin) Cheung FILE NUMBER: 993289 HEARING DATES: 01/02/2001 SUBMISSIONS CLOSED: 02/01/2001 DATE OF DECISION: 02/12/2001

BEFORE: Hennessy N (Deputy President); Britton A - Judicial Member; Mapperson K - Member APPLICATION: Costs MATTER FOR DECISION: Costs application Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Local Government Act 1993 Suiters' Fund Act 1951 Bourne v Murphy & Ors (1996) 92 LGERA 329 Hoblos v Marchese [1999] NSWADT 127 CASES CITED: Bartlett and Anderson [2000] NSWADT 86 Mangoplah Pastoral Company Pty Ltd v Great Southern Energy (No 2) [2000] NSW ADT 4 Holpitt Pty Ltd v Varimu Pty Ltd & Others (1991) 103 ALR 684 Pascale -v- Lucas [2000] NSWADTAP 29 APPLICANT REPRESENTATION: S Moran, solicitor RESPONDENT J Tancred, solicitor ORDERS: 1. No order as to costs.

Introduction 1 This is an application for costs by the respondent in the substantive proceedings, Ms Cheung. The application is brought under s 329 of the Local Government Act 1993 (LG Act) and s 88 of the Administrative Decisions Tribunal Act 1997 (ADT Act). 2 On 24 December 1999 the original applicant, Ms Brooks Maher, lodged an application with the Tribunal seeking an order that Ms Cheung be dismissed from office as a civic officer of the Ashfield Municipal Council. The ground for that application was that there was an irregularity in the manner of her election. After hearings and determinations on some interlocutory matters, the respondent applied for Ms Brooks Maher's application to be dismissed on the ground that it was out of time. The Tribunal ruled that the application was out of time but that it had a discretion to accept it, and it did so. Ms Cheung appealed to the Supreme Court. The Supreme Court found in favour of Ms Cheung and remitted the matter to the Tribunal. The Tribunal subsequently dismissed Ms Brooks Maher's application. The only outstanding matter is Ms Cheung's application for costs. Legislative provisions