Kelly v Smith (No2) [2018] NSWCATAD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v Smith (No2) [2018] NSWCATAD 141 Hearing dates: On the papers Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R Titterton, Principal Member M Bolt, Senior Member B Thomson, General Member Decision: The applicant is to pay the respondent's costs, as agreed or as assessed. Catchwords: COSTS – special circumstances - no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commonwealth v Cockatoo Dockyard Pty Ltd [2003] NSWCA 192 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 Hopkins v Governor-General of Australia [2013] NSWCA 1068 Mergerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Moore v Inglis (1976) 50 ALJR 589 Category: Costs Parties: Peter Kelly (Applicant) Martin Smith (Respondent) Representation: Applicant: self-represented

Solicitors: Colin Biggers & Paisley (Respondent) File Number(s): 2017/000343134

REASONS FOR DECISION

Introduction 1. In Kelly v Smith [2018] NSWCATAD 122, we dismissed Mr Kelly's application that Mr Smith be disqualified from holding civic office in Ku-ring-ai Council. 2. These reasons concern the costs of that application. For the following reasons, Mr Kelly, who was unsuccessful, must pay Mr Smith's costs. 3. We note that both parties were directed to file submissions on this issue. Submissions were received from Mr Smith on 13 June 2018, and from Mr Kelly on 22 June 2018.