Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14:
1. Our reasons for decision in this matter were published on 24 April 2025: Al-Aaraj v Commissioner of Police, NSW Police Force [2025] NSWCATAP 87 (Appeal Decision).
2. For the reasons stated in the Appeal Decision, we dismissed the appeal.
3. At the conclusion of our reasons, we set a timetable for submissions on costs.
4. The Commissioner sought an order that the appellant pay her costs, special circumstances having been established in accordance with s 60 of the Civil and Administrative Tribunal Act 2023 (NSW) (NCAT Act).
5. The appellant opposed that order, and submitted that there should be no order as to costs.
6. For the following reasons, we order the appellant to pay the Commissioner's costs as agreed or as assessed in accordance with the applicable costs legislation.
7. These reasons for decision should be read with, and use the same abbreviations as in, the Appeal Decision.
Preliminary Issue
8. Neither party opposed us determining costs on the papers. As we are satisfied that the issue of costs can be adequately determined in the absence of the parties by considering their written submissions, we dispense with a hearing: Civil and Administrative Tribunal Act 2023 (NSW) (NCAT Act), s 50(2).
9. In this respect, we note that in Westerweller v The Owners Strata Plan No 18482 [2023] NSWCATAP 113, the Appeal Panel stated at [85] that:
[i]t is the experience of the Appeal Panel that costs decisions ... on appeal (unless dealt with at the time of the hearing) are routinely considered "on the papers", and without a hearing. The parties were given an opportunity to provide written submissions and did so. They can be presumed to have included all relevant issues in their written submissions.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f3141125a4613f7cceb13)
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