Neeson v Director General, New South Wales Department of Education and Training (No 2) [2010] NSWADT 92

CITATION: Neeson v Director General, New South Wales Department of Education and Training (No 2) [2010] NSWADT 92

DIVISION: Equal Opportunity Division

APPLICANT Bruce Neeson PARTIES: RESPONDENT Director General, New South Wales Department of Education and Training

FILE NUMBER: 081077, 081041

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 13 January 2010

DATE OF DECISION: 13 April 2010

BEFORE: Furness G - Judicial Member; Weule B - Non-Judicial Member; Schneeweiss J - Non-Judicial Member

CATCHWORDS: EQUAL OPPORTUNITY - costs

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

CASES CITED: Battenberg v The Union Club (No 3) [2005] NSWADT 126

APPLICANT In person REPRESENTATION: RESPONDENT K Nomchong, counsel

ORDERS: 1.The Tribunal makes no order as to costs and dismisses the respondent's application.

REASONS FOR DECISION

1 The applicant's complaints of discrimination on the grounds of age and disability in the area of employment and of victimisation were dismissed by the Tribunal, see Neeson v Director General, Department of Education and Training [2009] NSWADT 292.

2 At the conclusion of the hearing, the respondent sought to be heard on the issue of costs. The Tribunal directed that the respondent provide written submissions in support of an application for costs within 28 days, with the applicant given 28 days to make submissions in response. Unless an application was made that the application be determined following a hearing, and that application was successful, then a decision would be made on the basis of the written submissions as filed.