DSC v South Eastern Sydney Local Health District (No 2) [2019] NSWCATAD 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSC v South Eastern Sydney Local Health District (No 2) [2019] NSWCATAD 216 Hearing dates: On the papers Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) A hearing on costs is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The application by the applicant (DSC) for an order that the respondent SESLHD pays its costs of the proceedings is dismissed, and each party is to pay its own costs. Catchwords: COSTS – application for administrative review withdrawn- whether special circumstances for an award of costs Legislation Cited: Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1998 Cases Cited: Cripps v G & M Mawson [2006] NSWCA 84 DSC v South Eastern Sydney Local Health District [2019] NSWCATAD 111 Megerditchian v Kurmond Homes Pty Ltd [2014] NSWCATAP 120 Texts Cited: Nil Category: Costs Parties: DSC (Applicant) South Eastern Sydney Local Health District (Respondent) Representation: Solicitors: Applicant (Self Represented) L Chapman (South Eastern Sydney Local Health District) (Respondent) File Number(s): 2018/00377670 Publication restriction: s-64 Civil and Administrative Tribunal Act 2013 in respect of the identity of the applicant

REASONS FOR DECISION 1. On 7 December 2018 DSC lodged an application for administrative review of a decision pursuant to s 55 (1) of the Privacy and Personal Information Protection Act 1998 (the PPIP Act). 2. On 27 August 2019 the parties agreed on consent orders disposing of the privacy grievance. As a result of that agreement the applicant withdrew his application for administrative review in writing, and the Tribunal made orders giving effect to the consent agreement and then dismissing the proceedings in accordance with s 55 (1) (a) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act). 3. The applicant by letter dated 3 September 2019 made an application for costs and disbursements. 4. The Tribunal made orders on 24 September 2019 in respect of the costs application namely that the parties file and serve submissions on the application, including whether the matter can be determined without a hearing, and that the applicant address what specific costs have been incurred and the issue of 'special circumstances' in accordance with s 60 of the NCAT Act. 5. As submissions have now been received from both parties the application can be considered.