Riley v State of New South Wales (Department of Education) (No 2) [2020] NSWCATAD 19

Riley v State of New South Wales (Department of Education) (No 2) [2020] NSWCATAD 19

The respondents did not establish special circumstances warranting an award of costs. Although the applicants made late amendments and there were evidentiary and pleading deficiencies, the respondents did not object to most amendments, any delay was minimal, no significant prejudice or unacceptable unfairness was shown, and the applicants' claims were not hopeless or wholly without evidence. The settlement offer was provisional, vague and made before the respondents' evidence was filed, so it was not unreasonable to reject it. The respondents also did not apply to the Tribunal for witnesses to appear by audio-visual link, so the applicants' lack of consent did not constitute special...

Jurisdiction
Australia
Judgment Date
16 January 2020
Procedural Posture
Costs Application in Proceedings Under the Anti Discrimination Act 1977 (nsw) Alleging Racial Discrimination, Racial Vilification and Victimisation / On the Papers After Dismissal of the Substantive Proceedings
Outcome
The respondents' application for costs was dismissed and the costs application was determined on the papers.
Legal Topics
['special Circumstances Warranting an Award of Costs' 'costs in the Civil and Administrative Tribunal of New South Wales' 'determination on the Papers' 'racial Discrimination' 'racial Vilification' 'victimisation']
['administrative Law' 'anti Discrimination Law' 'costs'] ['special Circumstances Warranting an Award of Costs' 'costs in the Civil and Administrative Tribunal of New South Wales' 'determination on the Papers' 'racial Discrimination' 'racial Vilification' 'victimisation']

Case Brief

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Procedural Posture

Costs Application in Proceedings Under the Anti Discrimination Act 1977 (nsw) Alleging Racial Discrimination, Racial Vilification and Victimisation / On the Papers After Dismissal of the Substantive Proceedings

Legal Issues

  1. 1 ["Whether a hearing on the respondents' costs application should be dispensed with." 'Whether special circumstances warranted an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'Whether the applicants conducted the proceedings in a way that unnecessarily disadvantaged the respondents or unreasonably prolonged the proceedings.' "Whether the relative weakness of the applicants' claims justified a costs order." "Whether rejection of the respondents' settlement offer was a relevant matter giving rise to special circumstances." "Whether the applicants' lack of consent to witnesses appearing by audio-visual link constituted special circumstances."]

Ratio Decidendi

The respondents did not establish special circumstances warranting an award of costs. Although the applicants made late amendments and there were evidentiary and pleading deficiencies, the respondents did not object to most amendments, any delay was minimal, no significant prejudice or unacceptable unfairness was shown, and the applicants' claims were not hopeless or wholly without evidence. The settlement offer was provisional, vague and made before the respondents' evidence was filed, so it was not unreasonable to reject it. The respondents also did not apply to the Tribunal for witnesses to appear by audio-visual link, so the applicants' lack of consent did not constitute special...

Court Disposition

The respondents' application for costs was dismissed and the costs application was determined on the papers.

Orders

  • ["A hearing on the respondents' costs application is dispensed with." "The respondents' application for costs is dismissed."]