Hammond v Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra (No. 2) [2013] NSWADT 40

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hammond v Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra (No. 2) [2013] NSWADT 40 Hearing dates: 5 February 2013 Decision date: 18 February 2013 Before: Magistrate N Hennessy, Deputy President Decision: The respondent's application for costs is refused Catchwords: COSTS - application by successful respondent for costs - complaint of race discrimination - whether no tenable basis in fact or law - whether unreasonable delay Legislation Cited: Administrative Decisions Tribunal Act 1997 Legal Aid Commission Act 1979 Cases Cited: AT v Commissioner of Police, NSW [2010] NSWCA 131 Hammond v Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra [2013] NSWADT 4 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Rae v Commissioner of Police, New South Wales Police Force (GD) [2011] NSWADTAP 30 Category: Costs Parties: Dulcie Alisia Hammond (Applicant) Kelky Pty Ltd t/as Tattersalls Hotel Gilgandra (Respondent) Representation: Legal Aid NSW (Applicant) Whiteley, Ironside & Shillington (Respondent) File Number(s): 121075

REASONS FOR DECISION

Introduction 1Following a hearing, the Tribunal dismissed a complaint by Ms Hammond that an employee of the Tattersalls Hotel Gilgandra had discriminated against her on the ground of her race. The Hotel has applied for costs. I have not ordered Ms Hammond to pay the Hotel's costs because the general rule is that each party pays their own costs. I am not satisfied that it is fair to depart from that rule in this case.