Northern Beaches Council v Independent Liquor and Gaming Authority [2017] NSWCATAD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Northern Beaches Council v Independent Liquor and Gaming Authority [2017] NSWCATAD 122 Hearing dates: 11 April 2017 Date of orders: 20 April 2017 Decision date: 20 April 2017 Before: Hennessy LCM, Deputy President Decision: 1. Harbour City Ferries Pty Ltd's application for the proceedings to be dismissed as misconceived or lacking in substance is dismissed. 2. Harbour City Ferries Pty Ltd's application for costs is dismissed. 3. The proceedings are dismissed because Northern Beaches Council has withdrawn the proceedings. Catchwords: COSTS – general rule that each party pays own costs – discretion to award costs in special circumstances –third party applied to be joined and applied for proceedings to be dismissed for want of jurisdiction–where Applicant obtained legal advice in a timely manner and withdrew proceedings – where joined party refused to consent to withdrawal and incurred further costs – no special circumstances justifying an order that Applicant pay joined party's costs Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 60 Administrative Decisions Review Act 1997 (NSW) Cases Cited: Bayne v NSW Department of Premier and Cabinet [2016] NSWCATAD 233 Category: Procedural and other rulings Parties: Northern Beaches Council (Applicant) Independent Liquor & Gaming Authority (First Respondent) Harbour City Ferries Pty Ltd (Second Respondent) Representation: Counsel: D Beaufils (Applicant)