Chand v RailCorp (No 2) [2011] NSWCA 80

Chand v RailCorp (No 2) [2011] NSWCA 80

The application for leave to appeal should be refused as no error of law was established in the decision of the Appeal Panel regarding costs awarded for adjournments. The Appeal Panel was entitled to its view on the reasonableness of the parties' conduct and the application of s 88 of the Administrative Decisions Tribunal Act 1997, and no sufficient reason was shown to justify a grant of leave.

Parties
Appellant: Bimla Chand; First Respondent: Administrative Decisions Tribunal; Second Respondent: RailCorp of New South Wales
Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Application for Leave to Appeal / Court of Appeal (nsw) Decision on Leave to Appeal
Outcome
Application for leave refused with costs.
Legal Topics
Costs in Administrative Tribunals, Interpretation of S 88 Administrative Decisions Tribunal Act 1997, Power to Award Costs, Costs Relating to Adjournments
Administrative Law Costs in Administrative Tribunals Interpretation of S 88 Administrative Decisions Tribunal Act 1997 Power to Award Costs Costs Relating to Adjournments

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Parties

Bimla Chand

Appellant

Administrative Decisions Tribunal

First Respondent

RailCorp of New South Wales

Second Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal (nsw) Decision on Leave to Appeal

Legal Issues

  1. 1 Whether Appeal Panel erred in granting leave to RailCorp to appeal out of time on costs of adjournments
  2. 2 Whether Appeal Panel properly interpreted s 88 of Administrative Decisions Tribunal Act 1997 as to its power to award costs of or incidental to proceedings in the Tribunal
  3. 3 Whether Appeal Panel erred in awarding costs against Ms Chand for adjournments

Ratio Decidendi

The application for leave to appeal should be refused as no error of law was established in the decision of the Appeal Panel regarding costs awarded for adjournments. The Appeal Panel was entitled to its view on the reasonableness of the parties' conduct and the application of s 88 of the Administrative Decisions Tribunal Act 1997, and no sufficient reason was shown to justify a grant of leave.

Court Disposition

Application for leave refused with costs.

Orders

  • Application for leave to appeal refused.
  • Applicant to pay the respondent's costs.