Prasad & anor -v- Fairfield City Council (RLD) [2002] NSWADTAP 2

Appeal Panel

CITATION: Prasad & anor -v- Fairfield City Council (RLD) [2002] NSWADTAP 2 revised - 26/02/2002 APPELLANTS Daniel Prasad PARTIES: Stephen Walker RESPONDENT Fairfield City Council FILE NUMBER: 019021 HEARING DATES: 02/08/2001 SUBMISSIONS CLOSED: 08/02/2001 DATE OF DECISION: 01/07/2002

Prasad & anor -v- Fairfield City Council [2001] NSWADT DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Hole M - Judicial Member; Weule B - Member CATCHWORDS: costs - costs - adequacy of reasons - costs - relevant considerations MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 005020 DATE OF DECISION UNDER APPEAL: 04/19/2001 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Retail Leases Act 1994 Prasad & anor v Fairfield City Council [2001] NSWADT 28 Prasad & Anor v Fairfield City Council [2000] NSWADT 164 CASES CITED: Mayhew v A [1999] NSWADTAP 1 Woodside & anor v Director General, Department of Community Services [2000] NSWADTAP 8 Fowdh v Fowdh and Anor, Court of Appeal (NSW), unreported, 4 November 1993 Graham v Director General, Department of Community Services [2001] NSWADTAP 4 APPELLANTS REPRESENTATION: A Macpherson, solicitor RESPONDENT M Jenkins, barrister ORDERS: 1. That the decision under appeal be set aside; 2. That the application for costs be remitted to the Retail Leases Division for determination having regard to the record of proceedings and without the hearing of further evidence or submissions; 3. That the Registrar advise the parties as to action taken in relation to Order 2.