NSW Caselaw
CITATION: O'Sullivan v Health Care Complaints Commission (No 2) [2010] NSWADT 190
DIVISION: Equal Opportunity Division
APPLICANT Brendan Thomas O'Sullivan
PARTIES: FIRST RESPONDENT Health Care Complaints Commission
SECOND RESPONDENT Kieran Pehm
FILE NUMBER: 091056
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 8 July 2010
DATE OF DECISION: 28 July 2010
BEFORE: Chesterman M - Deputy President
CATCHWORDS: Costs – complaint of discrimination
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977
Calderbank v Calderbank [1975] 3 All ER 333 CASES CITED: O'Sullivan v NSW Medical Board [2010] NSWADT 75 O'Sullivan v Pehm [2010] NSWADT 57
APPLICANT C Donnelly, solicitor REPRESENTATION: RESPONDENT J Oakley, barrister
ORDERS: 1. The Applicant is to pay the Respondents' costs of attendance at the Tribunal hearing on 22 February 2010 2. Except as stated in Order 1, the Respondents' applications for costs, as outlined in paragraph [3] of these reasons, are dismissed.
REASONS FOR DECISION
The Respondents' costs applications
1 In these proceedings, the Applicant is Dr Brendan O'Sullivan and the two Respondents are the Health Care Complaints Commission ('the HCCC') and its Chief Executive Officer, Mr Kieran Pehm. The Applicant complains that the Respondents unlawfully discriminated against him by virtue of conduct occurring during 2008. He seeks damages and other remedies under the Anti-Discrimination Act 1977 ('the AD Act').
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