Kitchener v Awabakal Local Aboriginal Land Council [2013] NSWADT 11

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Kitchener v Awabakal Local Aboriginal Land Council [2013] NSWADT 11 Hearing dates: 7 December 2013 (on papers) Decision date: 21 January 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: The applicant is to pay the respondents' costs from 12 September 2012 in the sum of $5584.50 Catchwords: COSTS - whether fair to award costs - non-compliance with directions - failure to contact Respondents or Tribunal - failure to withdraw complaint Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Cases Cited: Bevnol Constructions & Developments Pty Ltd v De Simone (Domestic Building) [2009] VCAT 546 Haddad v Chief Commissioner of State Revenue (No 2) [2011] NSWADT 215 Category: Interlocutory applications Parties: Cheryl Kitchener (Applicant) Awabakal Local Aboriginal Land Council (1st Respondent) Harry Brandy (2nd Respondent) Representation: Counsel T Saunders (1st and 2nd Respondents) C Kitchener (Applicant in person) Eakin McCaffery Cox (1st and 2nd Respondents) File Number(s): 121039

REASONS FOR DECISION

Introduction 1Ms Cheryl Kitchener complained that Mr Harry Brandy, the chairperson of the Awabakal Local Aboriginal Land Council, sexually harassed her and that the Council terminated her employment for misconduct after she complained. The Tribunal dismissed Ms Kitchener's complaints because she had not complied with directions to file her evidence. The Council and Mr Brandy have applied for costs. The general rule is that each party pays their own costs unless it is fair to award costs having regard to various matters. In this case it is fair to make a partial award of costs of $5,584.50.