West v Commissioner of Police (No 2) [2010] NSWADT 40

West v Commissioner of Police (No 2) [2010] NSWADT 40

The Tribunal was not satisfied that the conduct of the first respondent in failing to achieve settlement at mediation or in subsequent adjournments unnecessarily disadvantaged the second respondent or unreasonably prolonged the proceedings so as to make it fair to order costs. Therefore, the general rule that each party is to pay its own costs should not be departed from.

Parties
Applicant: Paul West and Ors; First Respondent: Commissioner of Police; Second Respondent: Paul Horner
Jurisdiction
Australia
Judgment Date
11 February 2010
Procedural Posture
Costs Application / Post Settlement Costs Determination
Outcome
Each party is to pay its own costs.
Legal Topics
Costs Orders, Tribunal Procedure, Settlement, Anti Discrimination Act
Administrative Law Equal Opportunity Law Costs Orders Tribunal Procedure Settlement Anti Discrimination Act

Case Brief

Summary, issues, holding and outcome

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Parties

Paul West and Ors

Applicant

Commissioner of Police

First Respondent

Paul Horner

Second Respondent

Procedural Posture

Costs Application / Post Settlement Costs Determination

Legal Issues

  1. 1 Whether the first respondent's conduct warranted departure from the general rule that each party bear its own costs under s88 of the Administrative Decisions Tribunal Act 1997
  2. 2 Whether the first respondent's failure to settle at mediation caused unnecessary disadvantage or unreasonably prolonged proceedings for the second respondent

Ratio Decidendi

The Tribunal was not satisfied that the conduct of the first respondent in failing to achieve settlement at mediation or in subsequent adjournments unnecessarily disadvantaged the second respondent or unreasonably prolonged the proceedings so as to make it fair to order costs. Therefore, the general rule that each party is to pay its own costs should not be departed from.

Court Disposition

Each party is to pay its own costs.

Orders

  • Each party is to pay its own costs in the proceedings