Shantz v Winslow [2016] NSWCATAD 57

Shantz v Winslow [2016] NSWCATAD 57

The Tribunal found that none of the Respondents' submissions or the circumstances of the Applicant's withdrawal, alleged delay, or conduct, individually or collectively constituted 'special circumstances' within the meaning of section 60(2) of the Civil and Administrative Tribunal Act 2013. Therefore, each party must bear its own costs, and the application for costs was dismissed.

Jurisdiction
Australia
Judgment Date
30 March 2016
Procedural Posture
Costs Application / Decision After Withdrawal of Complaint and Submission of Costs Application
Outcome
Costs application dismissed
Legal Topics
['costs' 'special Circumstances' 'racial Vilification' 'withdrawal of Proceedings' 'practice and Procedure']
['administrative Law' 'anti Discrimination'] ['costs' 'special Circumstances' 'racial Vilification' 'withdrawal of Proceedings' 'practice and Procedure']

Case Brief

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Procedural Posture

Costs Application / Decision After Withdrawal of Complaint and Submission of Costs Application

Legal Issues

  1. 1 ["Whether there are 'special circumstances' justifying the award of costs against the Applicant under s 60 of the Civil and Administrative Tribunal Act 2013"]

Ratio Decidendi

The Tribunal found that none of the Respondents' submissions or the circumstances of the Applicant's withdrawal, alleged delay, or conduct, individually or collectively constituted 'special circumstances' within the meaning of section 60(2) of the Civil and Administrative Tribunal Act 2013. Therefore, each party must bear its own costs, and the application for costs was dismissed.

Court Disposition

Costs application dismissed

Orders

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