Rae v Commissioner of Police, New South Wales Police Force (EOD) [2011] NSWADTAP 30

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Rae v Commissioner of Police, New South Wales Police Force (EOD) [2011] NSWADTAP 30 Hearing dates: 16 March 2011 Decision date: 10 June 2011 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President Decision: 1. Appeal allowed. 2. In lieu of the order of the Tribunal substitute the following order: Appellant to pay the respondent's costs of the proceedings, as agreed or assessed, for the period commencing 21 May 2010 until dismissal of the proceedings. Catchwords: COSTS - appeal by applicant against Tribunal costs order - offer to waive costs if proceedings withdrawn by certain time prior to trial date - proceedings withdrawn after time set by offer but before trial - litigant in person - costs discretion - relevant considerations - Tribunal costs order varied - Administrative Decisions Tribunal Act 1997, s 88. Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Victorian Civil and Administrative Tribunal Act 1998 Cases Cited: Bilbarin Nominees Pty Ltd, Mistiglen Pty Ltd v Di Mella Constructions Pty Ltd [2004] VCAT 1816 Buttigieg v Melton Shire Council & Ors [2006] VCAT 1059 Caladine v The Commissioner, NSW Health Care Complaints Commission [2007] NSWCA 362 Law Society of New South Wales v Carver [2003] NSWADT 158 Rae v Commissioner of Police, New South Wales Police Force (No 2) [2010] NSWADT 36 Rae v Commissioner of Police, New South Wales Police Force (No 3) [2010] NSWADT 254 Rae v Commissioner of Police, New South Wales Police Force [2009] NSWADT 183 Category: Principal judgment Parties: Darryl Rae (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: M Seck (Respondent) In person (Appellant) V Andersen, Henry Davis York (Respondent) File Number(s): 109064 Decision under appeal Citation: Rae v Commissioner of Police, New South Wales Police Force (No 3) [2010] NSWADT 254 Date of Decision: 2010-10-26 00:00:00 Before: Equal Opportunity Division File Number(s): 081047