Leishman v Chief Commissioner of State Revenue [2019] NSWCATAD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Leishman v Chief Commissioner of State Revenue [2019] NSWCATAD 126 Hearing dates: On the papers Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: R L Hamilton SC, Senior Member Decision: The Applicant to pay the costs of, or incidental to, the proceedings in the Tribunal as agreed or assessed. Catchwords: COSTS - special circumstances - prolonging proceedings unreasonably - failure to comply with duty to cooperate with Tribunal to achieve the guiding principle - misconceived application- Legislation Cited: Administrative Decisions Review Act 1997(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Gaynor v Burns [2015] NSWCATAP 150 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Category: Costs Parties: Kathleen Leishman (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: D Woods (Respondent)

Solicitors: Gardener Ekes (Applicant) Crown Solicitor (Respondent) File Number(s): 2017/00297212 Publication restriction: Nil

REASONS FOR DECISION 1. Ms Leishman's application challenged the basis upon which she was assessed to liability as a director of a company which had not paid its payroll tax debts. She was represented by a solicitor through the proceedings. 2. After commencing the proceedings Ms Leishman has on numerous occasions failed to comply with the Tribunal's directions, failed to adequately explain this conduct and failed to reply to correspondence from the respondent. 3. Having given Ms Leishman various opportunities to rectify the position, I ultimately ordered the application to be dismissed for want of prosecution on 30 October 2018 pursuant to s 55(1)(d) Civil and Administrative Tribunal Act 2013 (CAT Act) on the application of the Respondent. The Applicant did not appear. 4. The Respondent has sought an order for its costs in this matter, and has filed and served written submissions supported by an affidavit of Ms K McKee, a senior solicitor at the Crown Solicitor's Office who had carriage of the matter. The Respondent consents to the matter being determined 'on the papers' without a hearing. 5. A number of attempts have been made to contact the applicant through her solicitor to seek submissions and evidence going to the costs issue, but these have been met with silence. 6. It is appropriate that this matter be determined without a hearing 'on the papers' (s 50 CAT Act).