Burns v Corbett; Gaynor v Burns (No 2) [2017] NSWCA 36

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burns v Corbett; Gaynor v Burns (No 2) [2017] NSWCA 36 Hearing dates: On the papers Decision date: 07 March 2017 Before: Bathurst CJ; Beazley P; Leeming JA Decision: 1. In Burns v Corbett (proceeding 2016/224875) order that Mr Burns pay Ms Corbett's costs of the questions removed to the Court of Appeal, such order to include the costs of her notice of motion filed 13 February 2017.

2. In Gaynor v Burns (proceedings 2015/251109 and 2016/204768) order that Mr Gaynor pay Mr Burns' costs of Mr Gaynor's notice of motion filed 13 February 2017. Catchwords: COSTS – application for costs by respondents to proceedings commenced in NCAT – respondents were residents of different States – Court held that NCAT not authorised to exercise judicial power over respondents – submissions on jurisdiction primarily advanced by Commonwealth and State Attorneys‑General – where one respondent being prosecuted for contempt – costs order in favour of that respondent – where other respondent had commenced two proceedings in Court of Appeal – one proceeding dismissed – other proceeding was greatly expanded beyond the threshold diversity jurisdiction point – where that respondent filed thousands of pages of fresh material – where none of that material read – where all controversial submissions advanced by that respondent were rejected – where series of procedural breaches of Court's directions by that respondent – where none of relief in terms sought by that respondent was granted – no costs order made in favour of that respondent Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 49ZT, 49ST, 114 Civil Procedure Act 2005 (NSW), ss 56, 98 Constitution (Cth), ss 75(iv), 109 Judiciary Act 1903 (Cth), ss 39, 78A Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW), s 44 Uniform Civil Procedure Rules 2005 (NSW), rr 1.21, 28.2, 42.1 Cases Cited: Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 Enterprise Sheet Metal Pty Ltd (in liq) v Queensland Steel and Sheet Pty Ltd [1995] 1 Qd R 511 Nassif v Fahd [2007] NSWCA 308 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Tagget v Sexton [2009] NSWCA 91; 255 ALR 522 Category: Costs Parties: 2016/224875 (Burns v Corbett)