Dowsett v Fitness First Australia Pty Ltd [2008] NSWADT 226

Dowsett v Fitness First Australia Pty Ltd [2008] NSWADT 226

The Tribunal has jurisdiction to order costs in proceedings where leave is sought under s 96 of the AD Act, but in the circumstances—where the applicant withdrew the application after obtaining legal advice and did not unreasonably persist—no costs order is justified against the applicant despite the procedural miscommunication.

Parties
Applicant: Steven Dowsett; Respondent: Fitness First Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
14 August 2008
Procedural Posture
Application for Costs / Decision on Application for Costs
Outcome
Application for costs refused
Legal Topics
Application for Costs, Withdrawal of Complaint, Tribunal Jurisdiction
Anti Discrimination Law Administrative Law Application for Costs Withdrawal of Complaint Tribunal Jurisdiction

Case Brief

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Parties

Steven Dowsett

Applicant

Fitness First Australia Pty Ltd

Respondent

Procedural Posture

Application for Costs / Decision on Application for Costs

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to make a costs order when the application for leave is withdrawn before hearing
  2. 2 Whether a costs order should be made against the applicant in the circumstances

Ratio Decidendi

The Tribunal has jurisdiction to order costs in proceedings where leave is sought under s 96 of the AD Act, but in the circumstances—where the applicant withdrew the application after obtaining legal advice and did not unreasonably persist—no costs order is justified against the applicant despite the procedural miscommunication.

Court Disposition

Application for costs refused

Orders

  • The respondent's application for costs is refused.