GA v University of Sydney (No. 2) (Costs) (GD)

The appellant sought an order for the respondent to pay the costs of an appeal from a decision of the Administrative Appeals Tribunal (AAT). The AAT had previously dismissed an application for judicial review of a decision by the respondent, the University of Sydney, to terminate the appellant's employment. The costs of the appeal were disputed, with the appellant seeking $10,000 and the respondent seeking $3,000. The court was required to determine the appropriate amount of costs to be awarded, considering the nature and complexity of the appeal, the conduct of the parties, and the outcome of the appeal.

The court considered the factors relevant to the assessment of costs in an appeal from the AAT. It noted that the appeal was not frivolous or vexatious, but rather involved significant legal and factual issues. The court also considered the conduct of the parties, finding that the appellant had acted reasonably in pursuing the appeal, despite the outcome. The court found that the respondent's costs were excessive, and fixed the costs of the appeal at $4,700.

The court granted the appellant's application for costs of the appeal, but reduced the amount sought by the appellant. The court found that the respondent's costs were excessive, and that the appropriate amount to be awarded was $4,700. The court noted that the appeal involved significant legal and factual issues, and that the appellant had acted reasonably in pursuing the appeal. The court also considered the outcome of the appeal, finding that the respondent was not entitled to a costs order in its favour.

The court made an order that the appellant pay the respondent's costs of the appeal, fixed at $4,700. The court noted that this amount reflected the complexity of the appeal, the conduct of the parties, and the outcome of the appeal. The court also noted that the appellant was not entitled to an order for costs in its favour.