Joys Child Care Limited v Secretary, Department of Education [2017] NSWCATAD 340

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Joys Child Care Limited v Secretary, Department of Education [2017] NSWCATAD 340 Hearing dates: On the papers Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) A hearing on the respondent's costs application is dispensed with.

(2) The applicant is to pay the respondent's costs, from 9 June 2017 to 9 August 2017, which are referable to the preparation of the matter for final hearing, such costs, if not agreed, to be assessed on the basis set out in the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014). Catchwords: ADMINISTRATIVE LAW – COSTS – Where applicant withdrew application at 5pm on day before four day hearing – Where applicant had represented to respondent six days before that hearing would proceed – Where applicant had failed to comply with Tribunal's directions to file and serve submissions and evidence – Whether special circumstances existed warranting an order for costs Legislation Cited: Children (Education and Care Services) National Law (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: DBU v Secretary, Department of Education [2017] NSWCATAD 257 CPD Holdings v Baguley [2016] NSWCATAP 160 CYU v Secretary, Department of Education [2017] NSWCATAD 290 Category: Costs Parties: Joys Child Care Limited (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: C Lenehan (Respondent)