Allanby v Commissioner of Police, NSW Police Force [2019] NSWCATAD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Allanby v Commissioner of Police, NSW Police Force [2019] NSWCATAD 37 Hearing dates: On the papers Date of orders: 13 March 2019 Decision date: 13 March 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The applicant's costs application is refused. Catchwords: COSTS – Whether special circumstances exist warranting an award of costs – Where proceedings settled prior to a hearing – Where respondent provided applicant with access to all information sought – Whether common law approach to the allocation of costs of proceedings which do not proceed to hearing, because they have been settled or rendered futile before determination, is applicable Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Government Information (Public Access) Act 2009 (NSW) Cases Cited: Abdel-Messih v Wang [2018] NSWCATAP 185 Axiak (by her tutor Axiak) v Ingram (2011) 59 MVR 505 B & L Linings Pty Ltd v Chief Commissioner of State Revenue (No 5) [2010] NSWADTAP 21 Bayon v Bayon (2014) 69 MVR 360 Beadle v Director-General of Social Security (1985) 60 ALR 225 Becker v Gurr [2018] NSWSC 1717 Bischoff v Sahad and Owners Corporation SP 62022 [2015] NSWCATAP 196 Re the Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Texts Cited: Nil Category: Costs Parties: Daniel Allanby (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Beilby Poulden Costello Lawyers (Applicant) NSW Police Force, Office of the General Counsel (Respondent) File Number(s): 2018/00288119 Publication restriction: Nil