Perera v Commissioner of Corrective Services (No 2) [2008] NSWADT 145

No circumstances exist to justify an order for costs for either party; presumption in s110 Anti-Discrimination Act applies and discretion is not exercised due to lack of special circumstances.

Jurisdiction: Australia
Judgment Date: 21 May 2008
Procedural Posture: Costs Application / Post Substantive Decision; Determined on the Papers
Outcome: Applications for costs dismissed
Legal Topics: ['costs' 'exercise of Discretion Under Anti Discrimination Act' 'special Circumstances for Awarding Costs']

['anti Discrimination'] ['costs' 'exercise of Discretion Under Anti Discrimination Act' 'special Circumstances for Awarding Costs']

Case Brief

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Procedural Posture

Costs Application / Post Substantive Decision; Determined on the Papers

Legal Issues

1 ['Whether circumstances exist to justify making an order for costs contrary to the presumption in s110 Anti-Discrimination Act 1977']

Ratio Decidendi

No circumstances exist to justify an order for costs for either party; presumption in s110 Anti-Discrimination Act applies and discretion is not exercised due to lack of special circumstances.

Court Disposition

Applications for costs dismissed

Orders

["The Applicant's and the Respondent's applications for costs are dismissed."]