Boscolo v Acxiom Australia Pty Limited [2015] NSWCATAD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boscolo v Acxiom Australia Pty Limited [2015] NSWCATAD 78 Hearing dates: 8 September 2014 Decision date: 17 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: Costs calculation pursuant to section 60(4)(a) of the Civil and Administrative Tribunal Act 2013 Legislation Cited: Civil and Administrative Tribunal Act 2013 Category: Costs Parties: Karina Boscolo (Applicant) Acxiom Australia Pty Limited (Respondent) Representation: Solicitors PCC Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 1410255

REASONS FOR DECISION 1. The following are reasons for decision dealing with the calculation of the award of costs in proceedings, pursuant to sections 60(4) (a) of the Civil and Administrative Tribunal Act 2013. 2. The history of the matter in short is that on 14th October 2013 Ms Karina Boscolo lodged a complaint alleging unlawful discrimination against her former employer Acxiom Australia Pty Limited at the Anti-Discrimination Board. The matter was not resolved by the ADB; it was referred to the NSW ADT (now NCAT). After a case conference, the complainant withdrew the matter in July 2014. The Respondent then sought the award of costs in the matter pursuant to section 60 of CATA. The Applicant, Ms Boscolo then sought her costs of responding to the Respondent's costs application. 3. The 2 costs applications were heard over 2 part days in September 2014. In February 2015, the Tribunal gave its decision. The Tribunal dismissed the Respondent's application for costs and awarded costs in the costs proceedings to the Applicant. 4. The Tribunal's February 2015 decision set out the scope of the costs award as follows at paragraphs 113 and 114: 113. No costs assessments were put to the Tribunal. In accordance with section 60(4) of CATA, the Tribunal considers that the Applicant's costs would include the costs of the Applicant's solicitor's costs for preparation of a response to the Respondent's application for costs; their settlement by junior counsel and the two part days of hearing requiring representation by junior counsel. 114. The Tribunal directs that i. The Applicant file and serve a calculation of costs in this regard within 14 days of the date of this decision; and ii. The Respondent is to file and serve any response to this calculation within 14 days of its filing. 1. The Applicant filed submissions as to the calculation of costs on 12th March 2015 and the Respondent on 26th March 2015. 2. The Applicant's submission sought costs in a total of $15,604.00, plus GST of $1550.40. The total is $17,164.00. The component parts include costs in relation to junior counsel rates, solicitor's costs and paralegal costs. 3. The Respondent's submission set out that the amount should be assessed at $6740 plus GST of $674 – a total of $7414.00 4. The basis for the Respondent's submission that the calculation should be reduced was in short that: * It was unreasonable to include the Applicant's paralegal costs; * The Tribunal had made no orders in relation to the Applicant's claim for an award of costs personally against the Respondent's legal representatives and that the calculation of hours spent by the Applicant's solicitor and counsel on this issue should be reduced to reflect this; * There had been duplication of work between the Applicant's solicitor and counsel; and * The hours claimed by the Applicant's solicitor and counsel were excessive.