Preston v Chief Executive Officer, Casino Control Authority & Ors (No 2) [2003] NSWADT 229

Preston v Chief Executive Officer, Casino Control Authority & Ors (No 2) [2003] NSWADT 229

Mr Preston failed to establish that there were special circumstances justifying an award of costs as required by s.88(1) of the Administrative Decisions Tribunal Act 1997. The conduct of the CCA and Star City was found proper and legitimate. Mere lack of success by the respondents, and the Tribunal not fully agreeing with their positions, did not constitute special circumstances.

Jurisdiction
Australia
Judgment Date
13 October 2003
Procedural Posture
Costs Application / Post Decision; Costs Following Substantive Proceedings
Outcome
Application for costs dismissed
Legal Topics
['freedom of Information' 'costs' 'review of Administrative Decisions']
['administrative Law'] ['freedom of Information' 'costs' 'review of Administrative Decisions']

Case Brief

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Procedural Posture

Costs Application / Post Decision; Costs Following Substantive Proceedings

Legal Issues

  1. 1 ['Whether special circumstances exist justifying an award of costs against the respondents under s.88 of the Administrative Decisions Tribunal Act 1997' 'If so, whether costs should be awarded on an indemnity basis' 'Whether the costs sought are recoverable under the legislation']

Ratio Decidendi

Mr Preston failed to establish that there were special circumstances justifying an award of costs as required by s.88(1) of the Administrative Decisions Tribunal Act 1997. The conduct of the CCA and Star City was found proper and legitimate. Mere lack of success by the respondents, and the Tribunal not fully agreeing with their positions, did not constitute special circumstances.

Court Disposition

Application for costs dismissed

Orders

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