ZDB v The University of Newcastle (No 2) [2017] NSWCATAP 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZDB v The University of Newcastle (No 2) [2017] NSWCATAP 135 Hearing dates: On the papers Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Appeal Panel Before: Wright J, President DAC Robertson, Senior Member Decision: (1) Under s 50(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), a hearing in respect of the application for costs of the appeal is dispensed with. (2) The appellant is to pay one half of the respondent's costs of and incidental to this appeal and the application for costs of the appeal as agreed or assessed under the applicable costs legislation. Catchwords: COSTS – whether special circumstances warranted an award of costs – appellant responsible for prolonging unreasonably the time taken to complete the proceedings – appellant's claims had no tenable basis in fact or law – governing principle not to punish the appellant but to compensate the respondent– costs awarded Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) ss 38, 50, 60, 64 Cases Cited: Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25 Sze Tu v Lowe (No 2) [2015] NSWCA 91 ZDB v The University of Newcastle [2017] NSWCATAP 70 Category: Costs Parties: ZDB (Appellant) The University of Newcastle (Respondent) Representation: Counsel: Y Shariff (Respondent)

Solicitors: Hicksons Lawyers (Respondent) File Number(s): AP 16/40801 Publication restriction: Under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), the name of the appellant not be disclosed in any published document relating to this appeal. Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Administrative and Equal Opportunity Division Citation: [2016] NSWCATAD 177 Date of Decision: 11 August 2016 Before: R Perrignon, Senior Member; M O'Halloran, General Member File Number(s): 1510109