Battenberg v The Union Club (No 3) [2005] NSWADT 126

Battenberg v The Union Club (No 3) [2005] NSWADT 126

The Applicant's repeated failure to comply with Tribunal directions, persistent non-attendance, late applications for summonses, and general conduct unduly prolonged the proceedings, amounting to special circumstances justifying a partial order for costs under s 110(2) Anti-Discrimination Act 1977; the Applicant is to pay 50% of the Respondent's costs, excluding specific costs related to the strike-out motion.

Parties
Applicant: Andrew Battenberg; Respondent: The Union Club
Jurisdiction
Australia
Judgment Date
08 June 2005
Procedural Posture
Costs Application / Decision on Costs Following Final Determination
Outcome
partly in favour of the respondent (costs)
Legal Topics
Costs, Discretionary Costs, Tribunal Procedure
Anti Discrimination Law Administrative Law Costs Discretionary Costs Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew Battenberg

Applicant

The Union Club

Respondent

Procedural Posture

Costs Application / Decision on Costs Following Final Determination

Legal Issues

  1. 1 Whether special circumstances exist to justify a departure from the general rule that each party pays their own costs under s 110 Anti-Discrimination Act 1977 and s 88 Administrative Decisions Tribunal Act 1997
  2. 2 Whether the conduct of the applicant warranted the making of a partial costs order

Ratio Decidendi

The Applicant's repeated failure to comply with Tribunal directions, persistent non-attendance, late applications for summonses, and general conduct unduly prolonged the proceedings, amounting to special circumstances justifying a partial order for costs under s 110(2) Anti-Discrimination Act 1977; the Applicant is to pay 50% of the Respondent's costs, excluding specific costs related to the strike-out motion.

Court Disposition

partly in favour of the respondent (costs)

Orders

  • The Applicant is to pay 50 per cent of the Respondent's costs as agreed or assessed excluding the costs of 28 April 2003, or any of the costs incurred in relation to the Respondent's strike out motion.