Margan v Taufaao (No. 2) [2017] NSWCATAD 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Margan v Taufaao (No. 2) [2017] NSWCATAD 246 Hearing dates: On Papers Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Dr M Murray, General Member Decision: The Respondent, Mr Taufaao, is to pay the Applicant Mr Margan the sum of $250 in costs within 21 days of the publication of this decision. Catchwords: Costs Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: George v Commissioner of Police, NSW Police Force [2013] NSWADT 76 Margan v Taufaao [2017] NSWCATAD 216 Shandil v Animal Welfare League NSW [2013] NSWADT 15 Category: Costs Parties: David Margan (Applicant) Paul Taufaao (Respondent) Representation: Self-represented (Applicant) No appearance (Respondent) File Number(s): 2015/00383313

REASONS FOR DECISION 1. On 30 June 2017, the Tribunal published a decision in which it found Mr Taufaao had unlawfully vilified Mr Margan on the ground of his homosexuality in an assault at ARQ nightclub, Darlinghurst on the morning of 15 September 2014. See Margan v Taufaao [2017] NSWCATAD 216 2. The Tribunal ordered that Mr Taufaao pay Mr Margan the sum of $10,000 as compensation for the harm caused to him by the assault and the publication of vilifying statements within 21 days of the publication of the decision. 3. At the conclusion of the hearing on 17 March 2017, Mr Margan asked the Tribunal to order that Mr Taufaao pay him the costs of bringing the action to the Tribunal. 4. Mr Taufaao had not participated in any of the Tribunal's processes. The Tribunal had decided to proceed with the hearing on 20 January and 17 March 2017 in Mr Taufaao's absence. The Tribunal was satisfied that the date of the hearing had been brought to Mr Taufaao's attention by post. Mr Taufaao had also communicated with Mr Margan via Facebook about the proceedings. 5. In its decision of 30 June 2017, the Tribunal directed that the Respondent, Mr Taufaao provide submissions on Mr Margan's applications for costs. Any submissions were to be provided to the Tribunal and Mr Margan by 14 July 2017. The Tribunal would then determine Mr Margan's application for costs on the papers after that date. 6. As at 24 July 2017, no submissions had been received from Mr Taufaao.