Adams v Department of Family & Community Services (No 2) [2016] NSWCATAD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Adams v Department of Family & Community Services (No 2) [2016] NSWCATAD 145 Hearing dates: On the papers Date of orders: 07 July 2016 Decision date: 07 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) The applicant's application for costs is dismissed Catchwords: COSTS – Whether special circumstances made out – Conduct of respondent – Whether conduct amounts to delay – Whether prejudice to party Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Adams –v - Department of Family and Community Services [2016] NSWCATAD46 Ceepee Pty Ltd v Roads and Maritime Services [2015] NSWCATAD 130 Dewhirst v Department of Family and Community Services [2015] NSWCATAD 13 Category: Principal judgment Parties: Darnie Adams (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: CBD Law (Applicant) Elis McLachlan Solicitors (Respondent) File Number(s): 1510195

Reasons for decision 1. These proceedings arise from an application for access to data / information made by the applicant to the respondent agency under the Government Information (Public Access) Act 2009. (The GIPA Act). The substantive proceedings were an administrative review of the respondent's decision under the GIPA Act. Those proceedings were heard by the Tribunal in late 2015 with a decision issued on 8 March 2016 (Adams –v - Department of Family and Community Services [2016] NSWCATAD 46). 2. Following the publication of the decision, on 16 March 2016 the applicant sought an order for costs in the proceedings. The matter was listed for directions before the Tribunal on 18 April 2016 where orders were for the filing and serving of material and submissions in respect of the costs application. The respondent opposed the application for costs. 3. On 20 June 2016 the filing of the material and evidence in respect of the costs application was completed.