Trad v Jones (No 8). [2015] NSWCATAD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trad v Jones (No 8). [2015] NSWCATAD 64 Hearing dates: On papers after 6 March 2015 Decision date: 07 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy, LCM Deputy President M Bolt, General Member J Schneeweiss, General Member Decision: The Respondents are to pay the Applicant's costs of these remitted proceedings, apart from the costs thrown away by the adjournment of 11 May 2014, as agreed or, if not agreed, as assessed in accordance with the Legal Profession Act 2004 (NSW). Catchwords: COSTS – proceedings under Anti-Discrimination Act 1977 remitted from Court of Appeal and re-determined – whether fair to award costs – unreasonable refusal to accept offer of settlement – basis on which matter remitted – orders on remittal substantially the same –fair to award costs Legislation Cited: Administrative Decisions Tribunal Act 1997, s 88(1A), s 3 (repealed) Anti-Discrimination Act 1977 (NSW), s 20C Civil and Administrative Tribunal Act 2013 (NSW) Sch1, cl 6 and 7 Cases Cited: Fairburn v Cummins [1961] VR 105 Field v Great Northern Railway Co (1878) 3 Ex D 261 Jones Trad [2013] NSWCA 389 Jones and Harbour Radio Pty Limited v Trad [2011] NSWADTAP 19 Jones and Harbour Radio Pty Limited v Trad (No 2) [2011] NSWADTAP 62; Trad v Jones (No. 3) [2013] NSWADTAP 13 Trad v Jones (No 3) [2009] NSWADT 318 Trad v Jones (No 4) [2012] NSWADT 265 Trad v Jones (No 5) [2013] NSWADT 127 Trad v Jones (No 7) [2014] NSWCATAD 225 Category: Costs Parties: Keysar Trad (Applicant) Alan Jones (First Respondent) Harbour Radio Pty Ltd (Second Respondent) Representation: Counsel: File Number(s): 131126