Australia, March 11 -- New South Wales Land and Environment Court issued text of the following judgement on Feb. 11:
1. This decision concerns the respondent's application for its costs of the appeal lodged by the appellant from the internally appealable decision of the Tribunal, in the Administrative and Equal Opportunity Division, to dismiss her claim of disability discrimination under section 49L of the Anti-Discrimination Act 1977 (NSW) (AD Act).
2. We determined the appellant's appeal on 7 August 2024 by refusing to extend the time within which the appellant was to lodge her Notice of Appeal and dismissing her appeal: see FSO v Secretary, Department of Education [2024] NSWCATAP 154 (the Appeal decision).
3. We made this decision primarily on the grounds that the appellant's appeal lacked merit: see Appeal decision at [8].
4. In addition to making an order not to extend the time within which the appellant was to lodge her appeal we made:
1) an order, under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act), prohibiting the disclosure of the name of the applicant and her children, on whose behalf the appellant had lodged the discrimination complaint that was the basis of the application that was before the Tribunal below (see order (3) in the Appeal decision); and
2) an order as to the costs of the appeal as follows:
(4) If the respondent seeks an order for costs, the following orders are made:
(a) The respondent is to file and serve an application for costs together with supporting submissions within 28 days of the date of this decision, and to address whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
(b) If the appellant opposes any application for costs made by the respondent, the appellant is to file and serve any submissions in response within 14 days of receipt of the respondent's submissions, and to address whether a hearing on the question of costs should be dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
(c) Any submissions in reply by the respondent are to be filed and served within 10 days of receipt of the appellant's submissions.
5. On 2 September 2024, the respondent provided his submissions on costs and consented to the matter being determined on the papers.
6. In his submissions, the respondent contended that there were special circumstances warranting an order for costs because:
1) the appellant's appeal was found to lack merit/substance;
2) inconsistent with the guiding principle in section 36(1) of the NCAT Act of the just, quick and cheap resolution of the real issues in her appeal, the appellant's approach was to place before the Appeal Panel 'voluminous' and 'unpersuasive and disorganised materials' and thereby thwarted the Appeal Panel's best endeavours to 'facilitate the resolution of the issues between the parties in such a way that the costs to the parties and the Tribunal is proportionate to the importance and complexity of the subject-matter of the proceedings': NCAT Act section 36(4); and
3) the appellant's failure to adhere to the practice and procedure of the Tribunal.
*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/194ed35c49d9de5c0551e456)
Disclaimer: Curated by HT Syndication.
