Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Trad v Jones (No 8). [2015] NSWCATAD 64 Hearing dates: On papers after 6 March 2015 Decision date: 07 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy, LCM Deputy President
M Bolt, General Member
J Schneeweiss, General MemberDecision: The Respondents are to pay the Applicant’s costs of these remitted proceedings, apart from the costs thrown away by the adjournment of 11 May 2014, as agreed or, if not agreed, as assessed in accordance with the Legal Profession Act 2004 (NSW).
Catchwords: COSTS – proceedings under Anti-Discrimination Act 1977 remitted from Court of Appeal and re-determined – whether fair to award costs – unreasonable refusal to accept offer of settlement – basis on which matter remitted – orders on remittal substantially the same –fair to award costs Legislation Cited: Administrative Decisions Tribunal Act 1997, s 88(1A), s 3 (repealed)
Anti-Discrimination Act 1977 (NSW), s 20C
Civil and Administrative Tribunal Act 2013 (NSW) Sch1, cl 6 and 7Cases Cited: Fairburn v Cummins [1961] VR 105
Field v Great Northern Railway Co (1878) 3 Ex D 261
Jones Trad [2013] NSWCA 389
Jones and Harbour Radio Pty Limited v Trad [2011] NSWADTAP 19
Jones and Harbour Radio Pty Limited v Trad (No 2) [2011] NSWADTAP 62;
Trad v Jones (No. 3) [2013] NSWADTAP 13
Trad v Jones (No 3) [2009] NSWADT 318
Trad v Jones (No 4) [2012] NSWADT 265
Trad v Jones (No 5) [2013] NSWADT 127
Trad v Jones (No 7) [2014] NSWCATAD 225Category: Costs Parties: Keysar Trad (Applicant)
Alan Jones (First Respondent)
Harbour Radio Pty Ltd (Second Respondent)Representation: Counsel:
File Number(s): 131126
REASONS
Introduction
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The Applicant, Mr Keysar Trad, has applied for the Respondents, Mr Alan Jones and Harbour Radio Pty Ltd, to pay his costs of the first instance and the remitted proceedings relating to the same complaint of racial vilification under the Anti-Discrimination Act 1977 (NSW). The complaint is about comments Mr Jones made on Radio 2 GB in April 2005.
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Because an order has been made for the Respondents to pay the Applicant’s costs of the first instance proceedings, the Tribunal has no power to confirm that order or make another costs order in relation to those proceedings.
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In relation to the proceedings that were remitted by the Court of Appeal, for the reasons we give below, it is fair for the Respondents to pay the Applicant’s costs of those proceedings.
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The Applicant also applied for the costs of making the costs application. The Respondent applied for the costs of responding to the costs application. Costs have not been awarded in relation to either of those applications.
History
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The Applicant complained that the Respondents had breached s 20C of the Anti-Discrimination Act which states that:
It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of…
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- AGLC
- Trad v Jones (No 8) [2015] NSWCATAD 64
- Case
- [2015] NSWCATAD 64
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether it was fair to award costs to Trad given the circumstances of the remitted proceedings and the Respondents' refusal to accept an offer of settlement. The court considered the basis on which the matter was remitted and the nature of the orders made on remittal. Given that the orders on remittal were substantially the same as those previously made, the court assessed whether it was fair to award costs under the circumstances.
The court concluded that it was fair to award costs to Trad, apart from the costs thrown away by the adjournment of 11 May 2014. The court reasoned that Trad's claim for costs was justified by the Respondents' unreasonable refusal to accept an offer of settlement. The court held that the orders on remittal being substantially the same did not negate the fairness of awarding costs. Consequently, the court ordered that the Respondents were to pay Trad's costs of the remitted proceedings, as agreed or assessed in accordance with the Legal Profession Act 2004 (NSW).
Orders
Orders of the court
The Respondents are to pay the Applicant’s costs of these remitted proceedings, apart from the costs thrown away by the adjournment of 11 May 2014, as agreed or, if not agreed, as assessed in accordance with the Legal Profession Act 2004 (NSW).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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