Barake v Red & White Star Cabs Co-operative Limited trading as Maitland, Beresfield & Raymond Terrace Taxi Services [2011] NSWADT 262

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Barake v Red & White Star Cabs Co-operative Limited trading as Maitland, Beresfield & Raymond Terrace Taxi Services [2011] NSWADT 262 Hearing dates: On the papers Decision date: 15 November 2011 Jurisdiction: Equal Opportunity Division Before: R J Wright SC, Judicial Member Decision: The Tribunal orders: 1. the Respondent's application for costs be dismissed. Catchwords: Costs - Summary Dismissal Legislation Cited: Anti Discrimination Act 1977 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Cases Cited: Barake v Red & White Star Cabs Co-operative Limited trading as Maitland, Beresfield & Raymond Terrace Taxi Services [2011] NSWADT 222 KT v Sydney Local Health Network (No. 2) [2011] NSWADTAP 8 AT v Commissioner of Police [2010] NSWCA 131 Category: Costs Parties: Tarake Barake (Applicant) Red & White Star Cabs Co-Operative Ltd trading as Maitland, Beresfield & Raymond Terrace Taxi Services (Respondent) Representation: Neisha Shepherd (Applicant) Penmans Solicitors (Respondent) File Number(s): 111020

REasons for decision 1EQUAL OPPORTUNITY DIVISION (R J Wright SC, Judicial Member): The Tribunal has before it an application by the Respondent that the Applicant pay its costs of this proceeding. 2On 16 September 2011 the Tribunal made orders in relation to the Respondent's application to have the Applicant's complaint dismissed under s 102 of the Anti-Discrimination Act 1977 ("the ADA") as follows: 1.Unless an application is made in accordance with order 2 and is successful, the complaint be dismissed in whole. 2.The Applicant have leave to file and serve an application to amend his complaint under s 103 of the Anti-Discrimination Act accompanied by all affidavits upon which he wishes to rely within 10 days of the date of these orders being made. 3.The Respondent file and serve any affidavits in reply (including evidence as to the amount of any costs that would be thrown away if leave to amend were granted) within 17 days of the date of these orders being made. 4.Any application to amend filed by the Applicant under order 2 be listed for hearing on a date to be fixed by the Registrar not earlier than 24 days after the date of these orders. 3No application for leave to amend his complaint was made by the Applicant within the time specified in order 2 of those orders. Accordingly, the Applicant's complaint has been dismissed in whole. 4By letter dated 29 September 2011 to the Registrar of the Tribunal, copied to the solicitors for the Applicant, the Respondent indicated that it wished to make an application for costs under s 88 of the Administrative Decisions Tribunal Act 1997 (NSW) ("the ADT Act"). The Registrar gave directions as to the filing of written submissions in relation to costs and informed the parties that the Tribunal intended to deal with the application for costs on the papers without an oral hearing, under s 76 of the ADT Act. Both parties have filed written submissions and there has been no objection to this application being dealt with on the papers. The Tribunal considers it appropriate in this case to proceed under s 76.