Bayne v NSW Department of Premier and Cabinet [2016] NSWCATAD 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bayne v NSW Department of Premier and Cabinet [2016] NSWCATAD 233 Hearing dates: On the papers Date of orders: 18 October 2016 Decision date: 18 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The proceedings are dismissed. (2) The applicant is to pay the first respondent's costs of the proceedings, in an amount not exceeding $4,575.35, as agreed or assessed. Catchwords: COSTS – Whether special circumstances warrant an award of costs – Applicant failed to attend scheduled planning meeting – Applicant withdrew proceedings after first respondent had made summary dismissal application – Whether applicant conducted proceedings in way that unnecessarily disadvantaged first respondent – Application sought orders that respondents had committed offences, were in contempt of the Tribunal, and that an officer of the first respondent had failed to act in good faith – Whether Tribunal had power to make orders sought – Tribunal had no jurisdiction to consider application – Application misconceived Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Bischoff v Sahade & Owners Corporation SP 62022 [2015] NSWCATAP 196 eMove Pty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Latoudis v Casey (1990) 170 CLR 534 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Nguyen & Anor v Perpetual Trustee Company Ltd; Perpetual Trustee Company Ltd v Nguyen & Anor (no 2) [2016] NSWCATAP 168 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Rosemarie Bayne (Applicant) NSW Department of Premier and Cabinet (First Respondent) Jenolan Caves Reserve Trust (Second Respondent) Representation: Solicitors: Rosemarie Bayne (Applicant in person) Crown Solicitor (First Respondent) File Number(s): 1610234