ACE v State of NSW (TAFE Commission and DET) (No 3) [2011] NSWADT 154

ACE v State of NSW (TAFE Commission and DET) (No 3) [2011] NSWADT 154

While the applicant’s case was weak and she was untruthful on one occasion, there was insufficient conduct to displace the general presumption against a costs order in Equal Opportunity Division proceedings; the various factors including the human rights context and lack of serious disadvantage to the respondent made a costs order unfair.

Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Costs Application Following Discrimination Complaint / Post Hearing Decision on Costs
Outcome
Respondent's application for costs dismissed
Legal Topics
['costs in Equal Opportunity Division' "applicants' Responsibilities" 'interpretation of Section 88 Administrative Decisions Tribunal Act 1997']
['anti Discrimination Law' 'tribunal Procedure' 'costs'] ['costs in Equal Opportunity Division' "applicants' Responsibilities" 'interpretation of Section 88 Administrative Decisions Tribunal Act 1997']

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Procedural Posture

Costs Application Following Discrimination Complaint / Post Hearing Decision on Costs

Legal Issues

  1. 1 ['Whether it is fair to make a costs order against the applicant under section 88 of the Administrative Decisions Tribunal Act 1997' "Whether applicant's conduct or case justified departure from usual rule as to costs"]

Ratio Decidendi

While the applicant’s case was weak and she was untruthful on one occasion, there was insufficient conduct to displace the general presumption against a costs order in Equal Opportunity Division proceedings; the various factors including the human rights context and lack of serious disadvantage to the respondent made a costs order unfair.

Court Disposition

Respondent's application for costs dismissed

Orders

  • ["The respondent's application for costs is dismissed."]