Choi v University of Technology Sydney [2020] NSWCATAD 22

Choi v University of Technology Sydney [2020] NSWCATAD 22

Special circumstances exist to justify a costs order against Ms Choi because her application was dismissed as frivolous, vexatious, misconceived and lacking in substance. Costs should not include UTS's submissions regarding the recommendation for a vexatious proceedings order, which were unnecessary and unsuccessful.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 January 2020
Procedural Posture
Administrative Review / Costs Determination After Substantive Dismissal
Outcome
Costs awarded to respondent against applicant, subject to assessment if not agreed.
Legal Topics
['costs' 'vexatious Proceedings' 'government Information (public Access) Act 2009']
['administrative Law' 'equal Opportunity Law'] ['costs' 'vexatious Proceedings' 'government Information (public Access) Act 2009']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Administrative Review / Costs Determination After Substantive Dismissal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an order for costs against the applicant' 'Whether to recommend to the Attorney General a vexatious proceedings order']

Ratio Decidendi

Special circumstances exist to justify a costs order against Ms Choi because her application was dismissed as frivolous, vexatious, misconceived and lacking in substance. Costs should not include UTS's submissions regarding the recommendation for a vexatious proceedings order, which were unnecessary and unsuccessful.

Court Disposition

Costs awarded to respondent against applicant, subject to assessment if not agreed.

Orders

  • ['The Tribunal dispenses with a hearing of the costs issues under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'Ms Choi shall pay UTS costs of the proceedings (excluding costs associated with submissions seeking Tribunal recommendation to the Attorney General for a vexatious proceedings order).'...