CXB v Biripi Aboriginal Corporation Medical Centre [2018] NSWCATAD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXB v Biripi Aboriginal Corporation Medical Centre [2018] NSWCATAD 116 Hearing dates: On the papers Date of orders: 30 May 2018 Decision date: 30 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member D Crowley, General Member Decision: 1. A hearing of the respondent's costs application is dispensed with. 2. The respondent's costs application is dismissed. Catchwords: COSTS – Whether Tribunal has jurisdiction to determine costs application made after final orders made in substantive proceedings – whether special circumstances exist warranting an award of costs - relevance of adverse credit findings. Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) (now renamed) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Strata Schemes Management Act 1996 (NSW) Cases Cited: CXB v Biripi Aboriginal Corporation Medical Centre [2017] NSWCATAD 372 Gaynor v Burns [2015] NSWCATAP 150 Komadina trading as We Paint Pools v Kelleher [2018] NSWCATAP 56 Macdonald v Macdonald (No 2) [2018] NSWSC 296 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Paras v Legal Services Commissioner (No 4) [2007] NSWADTAP 39 Perry Properties Pty Ltd v Chief Commissioner of State Revenue [2011] NSWADTAP 1 Young v Smith (No 2) [2015] NSWSC 1267 Category: Costs Parties: CXB (First Applicant) CXC (Second Applicant) Biripi Aboriginal Corporation Medical Centre (Respondent) Representation: Counsel: I Latham (Respondent)