Kitchener v Awabakal Local Aboriginal Land Council [2013] NSWADT 11

Costs were awarded against the applicant for her failure without reasonable excuse to comply with Tribunal directions to file evidence, failure to communicate with the Tribunal and Respondents, resulting in unnecessary costs. A partial costs order from 12 September 2012 was deemed fair, considering the Equal Opportunity Division is a human rights jurisdiction.

Jurisdiction: Australia
Judgment Date: 21 January 2013
Procedural Posture: Interlocutory Application / Costs Application After Dismissal for Want of Prosecution
Outcome: Applicant to pay respondents' costs from 12 September 2012.
Legal Topics: ['costs in Equal Opportunity Proceedings' 'non Compliance With Tribunal Directions' 'want of Prosecution']

['anti Discrimination' 'administrative Law' 'costs'] ['costs in Equal Opportunity Proceedings' 'non Compliance With Tribunal Directions' 'want of Prosecution']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Application / Costs Application After Dismissal for Want of Prosecution

Legal Issues

1 ['Whether it is fair to award costs against the applicant for non-compliance with Tribunal directions and failure to prosecute the complaint']

Ratio Decidendi

Court Disposition

Applicant to pay respondents' costs from 12 September 2012.

Orders

["The applicant is to pay the respondents' costs from 12 September 2012 in the sum of $5584.50."]