Saveka-Henaway v Chargrill Star Pty Ltd

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Saveka-Henaway v Chargrill Star Pty Ltd [2018] NSWCATAD 289
Hearing dates:	19, 20 June 2018
Date of orders:	13 December 2018
Decision date:	13 December 2018
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	D Dinnen, Senior Member Dr M Murray, Member
Decision:	Application for costs is dismissed
Catchwords:	COSTS – complaint misconceived and lacking in substance – guiding principle – no special circumstances
Legislation Cited:	Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Legal Profession Uniform Law Application Act 2014
Cases Cited:	AIN v Medical Council of New South Wales [2015] NSWCATAP 241 BHR and BHS v Biripi Aborignial (sic) Children's Services (No2) [2015] NSWCATAD 109 Ceepee Pty Ltd v Roads and Maritime Services [2015] NSWCATAD 130 Chan v Commissioner for Fair Trading [2015] NSWCATAD 62 Colgate Palmolive v Cusson (1993) 46 FCR 225 CRIPPS and Another v G& M DAWSON Pty Ltd and Another; G & M DAWSON Pty Ltd and Another v CRIPPS and Another [2006] NSWCA 81 Fitzpatrick Investments Pty Limited v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Hadidi v Owners Corporation Strata Plan 84787 [2015] NSWCATAP 74 Hamid v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 93 Karina Boscolo (Applicant); Axciom Australia Pty Limited (Respondent) [2015] NSWCATAD 28 Kurmond Homes Pty Ltd v Spiteri [2015] NSWCATAP 48 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Scott-Brydges v Lismore City Council (No 2) [2018] NSWCATAD 265 Yammatree Pty Ltd (Applicant); North West Local Land Service (Respondent) [2015] NSWCATAD 221 Younan v Commissioner for Fair Trading (No 2) [2016] NSWCATOD 60
Category:	Costs
Parties:	Lara Saveka Henaway (Applicant) Chargrill Star Pty Ltd (Respondent)
Representation:	Counsel: E Tringali (Respondent)   Solicitors: Jackson and Associates (Applicant) Lawthentic (Respondent)
File Number(s):	2017/313848

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REASONS FOR DECISION

Background

1. On 26 September 2017 the President of the Anti-Discrimination Board referred to the Tribunal a complaint by Ms Lara Saveka Henaway (the Applicant) against Chargrill Star Pty Ltd (the Respondent) pursuant to section 93A of the Anti-Discrimination Act 1977 (the ADA).

2. On 19 December 2017 the Tribunal granted leave under s 96(1) of the ADA for that part of the Applicant’s complaint alleging sex discrimination in employment to proceed.

3. On 19 and 20 June 2018 the Tribunal conducted a hearing in this matter. Following the conclusion of the hearing, the Tribunal gave an ex tempore decision and dismissed the Applicant’s complaint on the basis that on the evidence, (including the Applicant’s own evidence), the Tribunal accepted the Respondent’s submission that the Applicant had not suffered any detriment as a result of any conduct by the Respondent or its employees, and she had not been treated less favourably than any other employee, male or female.

4. The Respondent sought costs of the proceedings, on the basis that the Applicant’s conduct amounted to 'Special Circumstances' under section 60(2) of the Civil and Administrative Tribunal Act2013 (the CAT Act). The Respondent also sought…