Shaikh v Police and Community Youth Clubs NSW Ltd and Ors (No.3) [2003] NSWADT 113

Shaikh v Police and Community Youth Clubs NSW Ltd and Ors (No.3) [2003] NSWADT 113

The circumstances did not justify exercising the Tribunal's discretion under s 114(2) to order costs because the complaint was not an abuse of process, no finding had been made that it was frivolous, vexatious or lacking in good faith, the President had not declined the complaint, the applicant complied with Tribunal directions, and the applicant did not unnecessarily extend or delay the proceedings; these matters outweighed the respondents' financial circumstances and the first respondent's charitable status.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Costs Application Under S 114(2) of the Anti Discrimination Act 1977 / On the Papers After Dismissal of Complaints of Race Discrimination and Vilification
Outcome
Application for costs dismissed.
Legal Topics
['costs in Discrimination Proceedings' 'race Discrimination' 'racial Vilification' 'abuse of Process' 'tribunal Discretion']
['anti Discrimination Law' 'civil Procedure' 'costs'] ['costs in Discrimination Proceedings' 'race Discrimination' 'racial Vilification' 'abuse of Process' 'tribunal Discretion']

Case Brief

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Procedural Posture

Costs Application Under S 114(2) of the Anti Discrimination Act 1977 / On the Papers After Dismissal of Complaints of Race Discrimination and Vilification

Legal Issues

  1. 1 ["Whether circumstances justified an order for costs under s 114(2) of the Anti-Discrimination Act 1977 after the applicant's complaints were dismissed." "Whether the applicant's complaint was frivolous, vexatious, lacking in good faith, misconceived, or otherwise an abuse of process." "Whether respondents' financial circumstances and the first respondent's charitable status justified departure from the presumption that each party bear their own costs."]

Ratio Decidendi

The circumstances did not justify exercising the Tribunal's discretion under s 114(2) to order costs because the complaint was not an abuse of process, no finding had been made that it was frivolous, vexatious or lacking in good faith, the President had not declined the complaint, the applicant complied with Tribunal directions, and the applicant did not unnecessarily extend or delay the proceedings; these matters outweighed the respondents' financial circumstances and the first respondent's charitable status.

Court Disposition

Application for costs dismissed.

Orders

  • ['Application for costs dismissed.']