GHI v ABC trading as DEF [2018] NSWCATAD 8

GHI v ABC trading as DEF [2018] NSWCATAD 8

The Tribunal found special circumstances warranting a costs order due to Mr GHI’s late notice of withdrawal, failure to serve submissions properly resulting in additional timetabling and costs, and actions that unnecessarily disadvantaged and prolonged proceedings for Ms ABC, justifying an award of $3,200 costs. The Tribunal ordered that the parties' names not be published due to the potential for prejudice in a withdrawn application and absence of findings on the substantive issues, thus balancing open justice with confidentiality.

Parties
Applicant/respondent to Costs Application: GHI; Respondent/applicant for Costs: ABC trading as DEF
Jurisdiction
Australia
Judgment Date
10 January 2018
Procedural Posture
Application for Costs and Confidentiality / Post Withdrawal, Determination of Costs and Confidentiality Order
Outcome
Costs order in favour of Ms ABC; confidentiality order granted for non-publication of names
Legal Topics
Special Circumstances for Costs, Confidentiality Orders, Open Justice, Costs Following Withdrawal
Costs Confidentiality Anti Discrimination Special Circumstances for Costs Confidentiality Orders Open Justice Costs Following Withdrawal

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Parties

GHI

Applicant/respondent to Costs Application

ABC trading as DEF

Respondent/applicant for Costs

Procedural Posture

Application for Costs and Confidentiality / Post Withdrawal, Determination of Costs and Confidentiality Order

Legal Issues

  1. 1 Whether special circumstances exist to warrant costs order against the applicant under section 60 of the Civil and Administrative Tribunal Act 2013
  2. 2 Whether confidentiality orders should be made under section 64 of the Civil and Administrative Tribunal Act 2013

Ratio Decidendi

The Tribunal found special circumstances warranting a costs order due to Mr GHI’s late notice of withdrawal, failure to serve submissions properly resulting in additional timetabling and costs, and actions that unnecessarily disadvantaged and prolonged proceedings for Ms ABC, justifying an award of $3,200 costs. The Tribunal ordered that the parties' names not be published due to the potential for prejudice in a withdrawn application and absence of findings on the substantive issues, thus balancing open justice with confidentiality.

Court Disposition

Costs order in favour of Ms ABC; confidentiality order granted for non-publication of names

Orders

  • Mr GHI is to pay Ms ABC $3,200 (including GST) by way of costs within 21 days of publication of the decision under section 60 of the Civil and Administrative Tribunal Act 2013.
  • Names of Mr GHI, Ms ABC and DEF not to be published in any reporting of the matter, other than to the parties, under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.