Council of the Law Society of New South Wales v Levitt [2017] NSWCATOD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of New South Wales v Levitt [2017] NSWCATOD 126 Hearing dates: 5 July 2017 and by written submissions received 1 August 2017 Date of orders: 18 August 2017 Decision date: 18 August 2017 Jurisdiction: Occupational Division Before: Boland ADCJ, Deputy President Decision: 1. The Council of the Law Society of New South Wales shall pay the costs of Stewart Alan Levitt of and incidental to these proceedings as agreed and failing agreement as assessed under the Legal Profession Uniform Law Application Act 2014 (NSW). Catchwords: PROFESSIONS AND TRADES – where Supreme Court of New South Wales quashed and set aside decision of Council of the Law Society to commence proceedings in the Tribunal – where respondent seeks costs of proceedings in the Tribunal – whether special circumstances exist – HELD - costs order made. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Legal Profession Act 2004 (NSW) (repealed) Legal Profession Uniform Law Application Act 2014 (NSW) Cases Cited: Gaynor v Burns [2015] NSWCATAP 150 Oshlack v Richmond River City Council (1998) 193 CLR 72; [1998] HCA 11 Category: Costs Parties: Council of the Law Society of New South Wales (Applicant) Stewart Alan Levitt (Respondent) Representation: Counsel: G Johnson (Applicant) E A Walker (Respondent, Applicant in costs) File Number(s): 2016/00378829 Publication restriction: Nil

REASONS FOR DECISION