Haggar v Point to Point Transport Commissioner (No 2) [2018] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Haggar v Point to Point Transport Commissioner (No 2) [2018] NSWCATOD 94 Hearing dates: On the papers Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: 1. The applicant's costs application is dismissed. Catchwords: COSTS – Where applicant successful in similar merits review proceedings under repealed legislation – Where applicant's solicitors wrote to respondent's solicitors inviting respondent to change her decision prior to the hearing – Whether special circumstances existed warranting an order for costs Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Passenger Transport Act 1990 (NSW) Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) Cases Cited: Gaynor v Burns [2015] NSWCATAP 150 Haggar v Roads and Maritime Services [2017] NSWCATOD 135 Haggar v Point to Point Transport Commissioner [2018] NSWCATOD 38 Category: Costs Parties: Colin Haggar (applicant) Point to Point Transport Commissioner (respondent) Representation: Counsel: I Latham (applicant)

Solicitors: Uther Webster & Evans (applicant) Hunt & Hunt (respondent) File Number(s): 2017/332873

REASONS FOR DECISION 1. This is a costs application made by a successful applicant in merits review proceedings. The applicant had successfully conducted merits review proceedings under earlier legislation (now repealed) involving almost identical facts and submits that the respondent should have recognised that he would get the same outcome under the new legislative regime. 2. I found that there were no special circumstances warranting an award of costs. The legislation in the two cases was different and, although similar factual issues arose, different legal tests applied to each case.