Ahmadi v State of NSW (NSW Police Force) [2013] NSWADT 149

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ahmadi v State of NSW (NSW Police Force) [2013] NSWADT 149 Hearing dates: On the papers Decision date: 01 July 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: The respondent's application for costs is refused. Catchwords: COSTS - applicant failed to appear at hearing and provided no explanation - no proof that applicant received any of the correspondence - whether fair to order costs Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Cases Cited: AT v Commissioner of Police, NSW [2010] NSWCA 131 Category: Interlocutory applications Parties: Jawid Ahmadi State of NSW (NSW Police Force) Representation: Norton Rose Australia (Respondent) No appearance (Applicant) File Number(s): 131003

reasons for decision

Introduction 1Mr Ahmadi lodged a complaint of race discrimination against the NSW Police Force with the President of the Anti-Discrimination Board. The President declined the complaint and Mr Ahmadi requested that it be referred to the Tribunal. A complaint that has been referred after declination cannot go ahead unless the Tribunal gives its permission or "leave". Mr Ahmadi did not attend the leave hearing and the complaint was dismissed. Mr Ahmadi did not explain why he did not come to the hearing. 2The NSW Police Force has applied for Mr Ahmadi to pay its costs. I have dismissed that application because the general rule is that each party pays their own costs and I am not satisfied that it is fair to order costs in this case.