Zidar v Department of Justice (No 4) [2018] NSWCATAP 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zidar v Department of Justice (No 4) [2018] NSWCATAP 266 Hearing dates: 5 November 2018 Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member Dr J Lucy, Senior Member Decision: (1) Joseph John Zidar is substituted as the appellant party in these proceedings in lieu of Fraud Detection and Reporting Pty Limited. (2) The request of Joseph John Zidar to record the costs proceedings is dismissed. (3) The appellant is to pay the costs of the respondent of these appeal proceedings 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) in default of agreement (4) The application by the appellant for the payment of costs is dismissed. Catchwords: Name of party-application incorrectly named applicant party- correct name substituted Recording of Tribunal proceedings – application by party-held no valid reason for exercise of discretion Costs application by respondent-application of sec 60 of Civil and Administrative Tribunal Act-held appropriate to make costs order Costs application by applicant for refund of disbursements paid to Tribunal and for compensation-held no power to consider such application – costs order refused Legislation Cited: Civil and Administrative Tribunal Act 2013. Cases Cited: Fraud Detection and Reporting Pty Ltd v Department of Justice [2018] NSWCATAP 191 Texts Cited: Nil Category: Costs Parties: Joseph John Zidar (formerly Fraud Detection and Reporting Pty Limited) (Appellant) Department of Justice (Respondent) Representation: Solicitors: Joseph John Zidar (Appellant Self Represented) Crown Solicitor's Office (Respondent) File Number(s): AP 18/16811 & AP 18/17004 Publication restriction: The names of any witnesses to these proceedings and the names of any staff members of the Office of the Legal Services Commissioner or the Department of Justice referred to in these proceedings must not be disclosed. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2018] NSWCATAD 63 Date of Decision: 22 March 2018 Before: S Leal Senior Member File Number(s): 2017/000284196