Rahman v NewSouth Global Ltd [2004] NSWADT 47

Rahman v NewSouth Global Ltd [2004] NSWADT 47

Although the applicant did not prosecute the matter expeditiously, relied at hearing on matters not set out in his points of claim, and raised excessive interlocutory issues causing delay and inconvenience, those matters did not amount to circumstances justifying departure from the s 114 presumption, particularly because he was unrepresented and the respondent was not required to call extra witnesses to meet the issues raised.

Jurisdiction
Australia
Judgment Date
10 March 2004
Procedural Posture
Costs Application Following Dismissal of Discrimination Complaint / Decision on Respondent's Application for Costs
Outcome
Respondent's application for costs dismissed.
Legal Topics
['costs in Equal Opportunity Division Proceedings' 'race Discrimination Complaint' 'anti Discrimination Act 1977 S 114' 'litigant in Person']
['anti Discrimination' 'costs' 'administrative Law'] ['costs in Equal Opportunity Division Proceedings' 'race Discrimination Complaint' 'anti Discrimination Act 1977 S 114' 'litigant in Person']

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Procedural Posture

Costs Application Following Dismissal of Discrimination Complaint / Decision on Respondent's Application for Costs

Legal Issues

  1. 1 ['Whether circumstances justified departing from the presumption that each party to an inquiry pays his or her own costs under s 114 of the Anti-Discrimination Act 1977.' "Whether the applicant's conduct of the proceedings, including relying on matters not pleaded and raising interlocutory issues, justified a costs order in favour of the respondent."]

Ratio Decidendi

Although the applicant did not prosecute the matter expeditiously, relied at hearing on matters not set out in his points of claim, and raised excessive interlocutory issues causing delay and inconvenience, those matters did not amount to circumstances justifying departure from the s 114 presumption, particularly because he was unrepresented and the respondent was not required to call extra witnesses to meet the issues raised.

Court Disposition

Respondent's application for costs dismissed.

Orders

  • ["The respondent's application for costs is dismissed."]