Chand v RailCorp (No 2) [2011] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chand v RailCorp (No 2) [2011] NSWCA 80 Hearing dates: 22 February 2011 Decision date: 08 April 2011 Before: Hodgson JA at 1; Campbell JA at 33; Sackville AJA at 34 Decision: Application for leave refused with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - Administrative Decisions Tribunal - Power to award costs - Interpretation of s 88 of the Administrative Decisions Tribunal Act 1997 - Meaning of "costs of or incidental to proceedings in the Tribunal" in relation to proceedings before an appeal panel. Legislation Cited: Administrative Decisions Tribunal Act 1997 ss.4, 24, 88, 113, 142 Anti-Discrimination Act 1977 s.110 Cases Cited: B & L Linings Pty Ltd v Chief Commissioner of State Revenue (No 5) (RD) [2010] NSWADTAP 21 Chand v RailCorp [2011] NSWCA 79 Chand v Rail Corporation of NSW (No 3) [2010] NSWADTAP 11 Gerlach v Clifton Bricks Pty Ltd [2002] HCA 22; (2002) 209 CLR 478 O'Neill v Henry (No 2) (Costs) (RLD) [2010] NSWADTAP 54 Category: Costs Parties: Bimla CHAND (appellant) ADMINISTRATIVE DECISIONS TRIBUNAL (first respondent) RAILCORP OF NEW SOUTH WALES (second respondent) Representation: Counsel: A CROSSLAND (appellant) K NOMCHONG (second respondent) Solicitors: In Person (appellant) Clayton Utz (second respondent) File Number(s): CA 2010/79611 Decision under appeal Citation: Chand v Rail Corporation of NSW (No 3) [2010] NSWADTAP 11 Date of Decision: 2010-03-02 00:00:00 Before: Hennessy N - Magistrate (Deputy President); Smyth M - Judicial member; Monaghan-Nagle L - Non-Judicial Member File Number(s): ADTAP 079026