Borg v Commissioner, Department of Corrective Services & Anor [2003] NSWADT 35

CITATION: Borg v Commissioner, Department of Corrective Services & Anor [2003] NSWADT 35 DIVISION: Equal Opportunity Division

APPLICANT Josephine Borg PARTIES: FIRST RESPONDENT Commissioner, Department of Corrective Services SECOND RESPONDENT Peter Wheeler-Smith FILE NUMBER: 001008 HEARING DATES: Decision on the papers SUBMISSIONS CLOSED: 10/16/2002 DATE OF DECISION: 02/28/2003

BEFORE: Goode P - Judicial Member; Nemeth de Bikal L - Member; Farmer L - Member APPLICATION: Costs MATTER FOR DECISION: Costs LEGISLATION CITED : Anti-Discrimination Act 1977 Public Sector Management Act 1988 Borg v Commissioner, Department of Corrective Services & Anor [2002] NSWADT 42 Borg v Commissioner, Department of Corrective Services [2000] NSWADT 118 Cleary Bros (Bombo) Pty Ltd v Cvetkovski (EOD) [2001] NSWADTAP 10 Gallagher v NSW Police Service [1998] NSWEOT, 20 September 1998 Penfold v Penfold (1980) 144 CLR 311 Australian Postal Commission v Dao & Anor (No 2) (1986) 6NSWLR 497 Russell v The Commissioner of Police, NSW Police Service and Others [2002] (No2) NSWADT 252 CASES CITED: Peck v Commissioner of Corrective Services (No 2) [2002] NSWADT 244 V v Y& Anor; X v Y & Anor[2002] NSWADT 7 Duggan v Shore Inn Pty Limited (1993) EOC 92-483 Willis v State Rail Authority of New South Wales (No 3) (1992) EOC 92-456 Holdaway v Qantas Airways Ltd (1992) EOC 92-430 Squires v Qantas Airways Ltd (1985) EOC 92-135 Nowland v TNT Skypak & Anor (1994) EOC 92-560 Tu v University of Sydney (No 2) (EOD) [2002] NSWADTAP 25 APPLICANT R Beech-Jones, barrister REPRESENTATION: FIRST RESPONDENT E Brus, barrister SECOND RESPONDENT A Wozniak, solicitor ORDERS: 1 The First Respondent pay the legal costs incurred by the Applicant prior to 3 July 2000 within 28 days; 2 The First and Second Respondents pay the legal costs incurred by the Applicant from and including 3 July 2000 within 28 days; 3 If the parties are unable to agree on the amount of costs within 28 days, costs are to be determined by a costs' assessor in accordance with the Legal Profession Act, 1987.