Denmeade v Kempsey Shire Council & Ors (No.3) [2004] NSWADT 54

Denmeade v Kempsey Shire Council & Ors (No.3) [2004] NSWADT 54

The Tribunal declined to order costs because it was not satisfied that the applicant's actions or claims were vexatious, hopeless, or in bad faith, nor that her conduct of the proceedings, as a self-represented litigant, justified a departure from the usual rule that parties bear their own costs. The Tribunal was mindful that, notwithstanding most complaints were dismissed, serious allegations were made, some matters had to be investigated, and her difficulties arose from lack of legal expertise, not from abuse of process or unreasonable delay.

Jurisdiction
Australia
Judgment Date
18 March 2004
Procedural Posture
Application for Costs / Costs Decision After Substantive Determination
Outcome
application for costs refused
Legal Topics
['costs' 'sex Discrimination' 'victimisation' 'administrative Procedure']
['anti Discrimination Law' 'administrative Law'] ['costs' 'sex Discrimination' 'victimisation' 'administrative Procedure']

Case Brief

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Procedural Posture

Application for Costs / Costs Decision After Substantive Determination

Legal Issues

  1. 1 ['Whether circumstances justified a departure from the usual costs rule under s 114(2) of the Anti-Discrimination Act 1977' "Whether the applicant's proceedings were hopeless, vexatious, or lacking in good faith" 'Whether the conduct of the proceedings by the applicant justified an order for costs']

Ratio Decidendi

The Tribunal declined to order costs because it was not satisfied that the applicant's actions or claims were vexatious, hopeless, or in bad faith, nor that her conduct of the proceedings, as a self-represented litigant, justified a departure from the usual rule that parties bear their own costs. The Tribunal was mindful that, notwithstanding most complaints were dismissed, serious allegations were made, some matters had to be investigated, and her difficulties arose from lack of legal expertise, not from abuse of process or unreasonable delay.

Court Disposition

application for costs refused

Orders

  • ['The application by the First to Sixth Respondents for costs is refused.' 'The application by the Seventh Respondent for costs is refused.']