CEU v University of Technology Sydney [2018] NSWCATAD 53

CEU v University of Technology Sydney [2018] NSWCATAD 53

Special circumstances exist because the applicant's conduct unnecessarily disadvantaged the respondent, included lengthy and confusing submissions, unfounded allegations, unnecessary complexity, and a history of inefficient litigation, justifying an order for the applicant to pay 75% of the respondent's costs.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Application for Costs Following Privacy Proceedings / Post Judgment (costs Determination)
Outcome
Applicant ordered to pay 75% of the respondent's costs.
Legal Topics
['costs' 'special Circumstances' 'privacy and Personal Information Protection Act 1998' 'health Records and Information Privacy Act 2002']
['administrative Law' 'privacy Law'] ['costs' 'special Circumstances' 'privacy and Personal Information Protection Act 1998' 'health Records and Information Privacy Act 2002']

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Procedural Posture

Application for Costs Following Privacy Proceedings / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether special circumstances exist warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013' "Whether the applicant should be ordered to pay the respondent's costs"]

Ratio Decidendi

Special circumstances exist because the applicant's conduct unnecessarily disadvantaged the respondent, included lengthy and confusing submissions, unfounded allegations, unnecessary complexity, and a history of inefficient litigation, justifying an order for the applicant to pay 75% of the respondent's costs.

Court Disposition

Applicant ordered to pay 75% of the respondent's costs.

Orders

  • ["The applicant is to pay 75% of the respondent's costs as agreed or as assessed."]