Wu v Chief Commissioner of State Revenue (No. 2) [2019] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wu v Chief Commissioner of State Revenue (No. 2) [2019] NSWCATAD 85 Hearing dates: Determined on the papers Date of orders: 21 May 2019 Decision date: 21 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg RFD, Senior Member Decision: Costs Orders (1) Pursuant to s 60 of the Civil and Administrative Tribunal Act 2013 Mr Wu shall pay the Chief Commissioner's costs of and incidental to the proceedings as follows: (a) 50% of the costs incurred from 3 June 2017 to 17 August 2017, and (b) 100% of the costs incurred from 18 August 2017 to the date of publication to the parties of these reasons, providing that the said costs shall not include any costs incurred by the Chief Commissioner in relation to the Chief Commissioner's application for a confidentiality order. (2) The amount of costs to be paid by Mr Wu shall be as agreed between the parties or as assessed on an ordinary basis. Confidentiality Orders (3) Order number 3 made 14 February 2019 is vacated. (4) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 and until further order of the Tribunal, access to and publication of details of the fee rates charged by counsel engaged by the Respondent in respect of the subject proceedings shall be restricted to the Applicant, his legal representatives, and any costs experts or interpreters he may engage in respect of or incidental to these proceedings. (5) The Applicant and his legal representatives, costs experts and interpreters may only use the details of fee rates referred to in order (4) and the information referred to in order (7) for purposes of or ancillary to these proceedings. (6) The Applicant shall on publication of these orders inform each person to whom he has provided any documents, containing any of the fee rates or information referred to in order (5), of these orders. (7) Consequent upon order number (4), access to and publication of the following shall be restricted in accordance with order (4). All references to amounts are to monetary amounts. Orders (b) to (d) relate to pages of KMK-2: (a) All amounts in paragraph [5] of the affidavit of Kathleen Margaret Kerr made 30 January 2019. (b) Page 1, all amounts. (c) Pages 41 to 45 and 58 to 66, all amounts, and. (d) Pages 46, 48, 49, 52 and 54 to 57, all amounts and all references to hours or parts of an hour. Catchwords: COSTS –whether there were special circumstances and if so did they warrant an order for costs – s 60 Civil and Administrative Tribunal Act 2013 - - credibility of the Applicant and his witnesses – conduct of the Applicant.