Chand v Railcorp of NSW (No 2)

The applicant, Chand, sought leave to appeal against a decision of the Administrative Decisions Tribunal (ADT) concerning the interpretation of section 88 of the *Administrative Decisions Tribunal Act 1997* (NSW). The dispute centred on whether the ADT, specifically an appeal panel, had the power to award costs in relation to proceedings before it. Railcorp of NSW was the respondent. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was the proper construction of section 88 of the *Administrative Decisions Tribunal Act 1997*, particularly the phrase "costs of or incidental to proceedings in the Tribunal" as it applied to proceedings before an appeal panel. This required the court to determine the scope of the Tribunal's power to award costs in such circumstances.

The Court of Appeal considered the wording of section 88 and its context within the Act. It reasoned that the phrase "proceedings in the Tribunal" was broad enough to encompass proceedings before an appeal panel, which was a component of the Tribunal. Therefore, the Tribunal, through its appeal panel, possessed the power to award costs in relation to those proceedings. The court applied principles of statutory interpretation to reach this conclusion.

The application for leave to appeal was refused, and the applicant was ordered to pay the costs of the respondent.