Azzi v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATOD 112

Azzi v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATOD 112

Special circumstances warranted a costs order because Mr Azzi's review application was frivolous, lacking in substance and had no tenable basis in fact or law, and his bringing and conduct of the application failed to observe the obligation to facilitate the just, quick and cheap resolution of the real issues. The Commissioner's calculation of costs was uncontested.

Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Costs Application Following Tribunal Review of Refusal of Security Licences / Determined on the Papers After Substantive Decision Affirming Refusal
Outcome
Costs awarded to the Commissioner of Police, NSW Police Force.
Legal Topics
['special Circumstances for Costs' 'frivolous or Misconceived Proceedings' 'security Licence Refusal' 'false or Misleading Information']
['administrative Law' 'costs' 'security Licensing'] ['special Circumstances for Costs' 'frivolous or Misconceived Proceedings' 'security Licence Refusal' 'false or Misleading Information']

Case Brief

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Procedural Posture

Costs Application Following Tribunal Review of Refusal of Security Licences / Determined on the Papers After Substantive Decision Affirming Refusal

Legal Issues

  1. 1 ['Whether special circumstances existed under section 60 of the Civil and Administrative Tribunal Act 2013 warranting an award of costs.' "Whether Mr Azzi's review application had no tenable basis in fact or law and was frivolous, lacking in substance or otherwise misconceived." 'Whether the Commissioner of Police, NSW Police Force should recover the claimed costs of $13,571.21.']

Ratio Decidendi

Special circumstances warranted a costs order because Mr Azzi's review application was frivolous, lacking in substance and had no tenable basis in fact or law, and his bringing and conduct of the application failed to observe the obligation to facilitate the just, quick and cheap resolution of the real issues. The Commissioner's calculation of costs was uncontested.

Court Disposition

Costs awarded to the Commissioner of Police, NSW Police Force.

Orders

  • ['Mr Azzi is to pay the costs of the Commissioner of Police, NSW Police Force in the sum of $13,571.21 within 28 days of the date of this decision.' 'The Tribunal orders that Mr Azzi the respondent to the costs application, pay the costs of the applicant for costs in the amount of $13,571.21 within 28 days of the...