Building Professionals Board v Cohen (Costs) [2011] NSWADT 134

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Building Professionals Board v Cohen (Costs) [2011] NSWADT 134 Hearing dates: On the papers Decision date: 06 June 2011 Jurisdiction: General Division Before: Judge K P O'Connor, President Decision: That the respondent pay the applicant's costs of and incidental to the proceedings, as agreed or assessed. Catchwords: COSTS - Discipline Proceedings - Accredited Certifier - Costs awarded to Board - Administrative Decisions Tribunal Act 1997, s 88 Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 2005 Cases Cited: Barwick v Law Society of NSW (No 2) [2003] NSWADTAP 4 Building Professionals Board v Cohen (No. 2) [2010] NSWADT 266 Building Professionals Board v Cohen [2010] NSWADT 62 Buttigieg v Melton Shire Council & Ors [2006] VCAT 1059 Johns v Law Society of NSW [1982] 2 NSWLR 1 Martin v Medical Complaints Tribunal [2006] TASSC 73 Category: Costs Parties: Building Professionals Board (Applicant) Bernard Cohen (Respondent) Representation: A Grey (Applicant) G Butterfield, Marsdens Law Group (Respondent) File Number(s): 073165, 073166

REasons for decision 1GENERAL DIVISION (K O'CONNOR, DCJ (PRESIDENT)): The Board has applied for its costs of the proceedings brought by it under the Building Professionals Act 2005 (BP Act) against Bernard Cohen, accredited certifier. The Board filed its submissions on 20 December 2010; and the respondent filed submissions in reply on 28 January 2011.