Jones and Anor v Ekermawi (No. 2) (Costs) (EOD) [2013] NSWADTAP 18

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Jones and Anor v Ekermawi (No. 2) (Costs) (EOD) [2013] NSWADTAP 18 Hearing dates: On the papers Decision date: 23 April 2013 Before: Judge K P O'Connor, President R J Wright SC, Judicial Member J Newman, Non-judicial Member Decision: That the appellants' pay the respondent's costs of the appeal, as agreed or assessed, confined to the following: three-quarters of the costs of preparation of the submissions in reply to the appeal and of the costs of appearance of counsel at the appeal hearing; and all of the costs of the present submissions. Catchwords: COSTS - Respondent's application for costs of unsuccessful appeal - Ordinary rule is that no costs be awarded - Exception 'if it is fair to do so' - Approach to discretion at appeal level of Tribunal - Consideration - Application granted as to most costs incurred. Administrative Decisions Tribunal Act 1997, s 88 Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Legal Aid Commission Act 1979 Cases Cited: AT v Commissioner of Police, NSW [2010] NSWCA 131 Jones and Anor v Ekermawi (EOD) [2012] NSWADTAP 50 Category: Costs Parties: Alan Jones (First Appellant) Harbour Radio Pty Ltd t/a 2GB (Second Appellant) Sam Ekermawi (Respondent) Representation: Counsel K L Eastman SC (First and Second Appellants) C J Birch SC and P Batley (Respondent) Baker & McKenzie (First and Second Appellants) Legal Aid Commission (Respondent) File Number(s): 119061 Decision under appeal Jurisdiction: 9108 Citation: Ekermawi v Jones and Harbour Radio Pty Ltd [2011] NSWADT 280 Date of Decision: 2011-11-29 00:00:00 Before: Equal Opportunity Division File Number(s): 101021