Da Rin v Duffy (No 3) [2015] NSWCATOD 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Da Rin v Duffy (No 3) [2015] NSWCATOD 88 Hearing dates: 20 May 2015 Decision date: 24 August 2015 Jurisdiction: Occupational Division Before: Acting Judge K P O'Connor, AM, Deputy President Decision: That the applicant pay 50 per cent of the respondent's costs of the proceedings at first instance, as agreed between the parties or as assessed. Catchwords: COSTS – Respondent's application for its costs of defending proceedings following setting aside of Tribunal decision by Court of Appeal –– whether there are exceptional circumstances warranting such an order – order made in relation to part of the costs incurred. Administrative Decisions Tribunal Act 1997, s 88. Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Local Government Act 1993 Cases Cited: AT v Commissioner of Police [2010] NSWCA 131 Australian Securities Commission v Aust-Home Investments Ltd and Ors [1993] FCA 401; (1993) 44 FCR 194 Da Rin v Duffy [2015] HCASL 56 Duffy v Da Rin [2014] NSWCA 270 La France v Clarence [2004] NSWADT 256 Latoudis v Casey (1990) 170 CLR 534 One.Tel Limited v Deputy Commissioner of Taxation [2000] FCA 270 Re Minister for Immigration and Ethnic Affairs; ex p Lai Qin (1997) 186 CLR 622 Category: Costs Parties: John Da Rin (Applicant) Kevin Michael Duffy (Respondent) Representation: Counsel: J Loofs (Respondent) Solicitors: T H Bray (Applicant) Marsdens Law Group (Respondent) File Number(s): 1420274