Council of the New South Wales Bar Association v BRJ (No.2) [2015] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v BRJ (No.2) [2015] NSWCATOD 140 Hearing dates: On the papers Date of orders: 11 December 2015 Decision date: 11 December 2015 Jurisdiction: Occupational Division Before: L Robberds QC - Senior Member P Wass SC - Senior Member E Hayes - General Member Decision: Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal dispenses with a hearing. The Tribunal orders that the respondent pay the applicant's costs of the proceedings as agreed or assessed. Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW): the disclosure of the respondent's name is prohibited; and subject to any further order of the Tribunal, access to and disclosure of documents and evidence filed with the Tribunal in this application be restricted to the Legal Services Commissioner, the parties and their respective legal representatives. Catchwords: Costs – respondent's judgment and cognition affected by anorexia nervosa – manner in which respondent conducted her case – whether exceptional circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) Cases Cited: R v Kelly (Edward) [2000] QB 198 San v Rumble No2 [2007] NSWCA259 Council of the Law Society of New South Wales v Gallego (No 3) [2015] NSWCATOD37 Council of the Law Society of New South Wales v Hinde [2011] NSWADT 20 Legal Services Commissioner v O'Connor (No 2) [2006] LPT 002 Category: Costs Parties: Council of the New South Wales Bar Association (Applicant) BRJ (Respondent) Representation: Counsel: K Williams (Applicant)