Monte v Commissioner of Police, NSW Police Force [2013] NSWADT 139

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Monte v Commissioner of Police, NSW Police Force [2013] NSWADT 139 Hearing dates: On the papers Decision date: 14 June 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The Applicant is to pay the Commissioner's costs of and incidental to these proceedings on a party and party basis as agreed or as assessed. Catchwords: Costs - application withdrawn - merits of application Legislation Cited: Administrative Decisions Tribunal Act 1997 Commercial Agents and Private Inquiry Agents Act 2004 Cases Cited: Alramon Pty Ltd v Jonamill Pty Ltd (No 2) [ 2009] NSWADT 302 AT v Commissioner of Police, NSW [2010] NSWCA 131 Category: Costs Parties: Frank James Monte (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Horowitz & Bilinsky (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 123220

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant applied to the Tribunal for review of a decision by a delegate of the Commissioner of Police ("the Commissioner") to refuse his application for a licence under the Commercial Agents and Private Inquiry Agents Act 2004 ("the CAPI Act"). The matter came before me for a number of interlocutory matters and then for hearing. The hearing commenced on 26 November 2012 and continued over several days. 2On 10 December 2012 the Applicant withdrew his application. I dismissed the application for review subject to any application made by the Commissioner for costs. 3The Commissioner subsequently made an application for costs and that application is the subject of this decision. 4The Commissioner seeks an order that the Applicant pay the costs it incurred from the time that the Applicant received the Statement of Reasons served on 28 September 2012. The Commissioner has estimated its costs to be $84,973 and comprises professional costs and the incidental costs and disbursements incurred during the course of the proceedings. The Commissioner seeks an order for its total costs as assessed or agreed. 5Each of the parties has filed written submissions in regard to the application for costs. The issue is to be determined on the basis of the material filed without the need for hearing.