Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. In a recent decision we refused to give Mr Adam Houda and the law firm of which he is the principal, Lawyers Corp Pty Ltd, leave to appeal from a decision made by the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal (NCAT): Houda v Seraphim [2025] NSWCATAP 135 (the Appeal Decision (AD)). Ms Hana Seraphim, the respondent in the appeal and the applicant in the substantive proceedings, seeks an order for the costs of that appeal (the costs application). These reasons address that application, which is opposed by Mr Houda and Lawyers Corp.

2. In the decision the subject of the appeal, the Tribunal refused an application made by Mr Houda and Lawyers Corp seeking orders that the names of parties and witnesses not be disclosed, that certain evidence not be published and that the proceedings be conducted wholly in private (the Confidentiality Application): Seraphim v Houda [2024] NSWCATAD 341. The substantive proceedings concern a complaint made by Ms Seraphim under the Anti-Discrimination Act 1977 (NSW) alleging that she was sexually harassed, and later victimised, by Mr Houda during a placement with Lawyers Corp. The Tribunal is yet to determine the merits of that complaint.

3. For convenience in these reasons, we will refer to the appellants in the appeal and the respondents in the substantive proceedings, Mr Houda and Lawyers Corp as "Mr Houda".

4. We decided to determine the costs application "on the papers", that is, without a hearing, because we are satisfied that the issues it raises for determination can be adequately determined by considering the parties' written submissions: Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), s 50(2). Neither party opposed that course.

5. For the reasons that follow, we have decided not to exercise the discretion to make an order for costs in favour of Ms Seraphim.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987dc6cea629c399985ebd9)

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