Wright v Commissioner of Police (Costs) [2015] NSWCATAP 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wright v Commissioner of Police (Costs) [2015] NSWCATAP 69 Hearing dates: On the papers Date of orders: 21 April 2015 Decision date: 21 April 2015 Jurisdiction: Appeal Panel Before: Acting Judge K P O'Connor, AM, Deputy President Mr D Patten, Principal Member Ms A Scahill, Senior Member Decision: Each party to bear their own costs of both appeals Catchwords: COSTS – Equal opportunity jurisdiction – Complaint of unlawful discrimination in employment - Appeals from both parties against first instance decision – Usual rule no order as to costs – Complainant applied for a proportion of his costs of the proceedings before Appeal Panel – Respondent employer submitted that the usual rule apply – Consideration – Usual rule to apply. Civil and Administrative Tribunal Act 2013, s 60. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: AHB v NSW Trustee and Guardian [2014] NSWCA 216 Borg v Commissioner, Department of Corrective Services & Anor [2003] NSWADT 35 Department of Attorney General and Justice v Schoeman [2012] NSWADTAP 31 Jordan v North Coast Area Health Service (No 2) [2005] NSWADT 258 Kiernan v Commissioner of Police, New South Wales Police (No. 3) (GD) [2010] NSWADTAP 32 Category: Costs Parties: Grant Hilton Wright (Appellant/Respondent) Commissioner of Police (Respondent/Appellant) Representation: Solicitors: Stephen Jauncey (Commissioner) Simon Mitchell, Mitchell Lawyers (Mr Wright) File Number(s): 14/46314; 14/46315 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Wright v Commissioner of Police, NSW Police Force [2014] NSWCATAD 16 Date of Decision: 24 February 2014 Before: Hennessy LCM, J Schwager, N Nasir File Number(s): 121017