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Case dismissed, now for the costs

FORMER Casey councillor Paul Richardson will be forced to pay the City of Casey’s costs from defending a Human Rights complaint, in a landmark decision by VCAT.
Cr Sam Aziz confirmed on Tuesday night that the City of Casey had been successful in a Cost Award application against Mr Richardson following his prolonged legal tussle with council.
On 27 February VCAT found that Mr Richardson should pay the council’s costs for one hearing day, as well as the costs associated with defending the claim that the council discriminated against him by not appointing him to the Inter-Council Aboriginal Consultative Committee in 2012.
Unlike many other jurisdictions where costs are awarded against the unsuccessful party in litigation, its understood costs are very rarely awarded against an applicant in the VCAT Human Rights list.
VCAT noted Mr Richard’s conduct “amounted to a disregard of the authority of the Tribunal”.
The council is now investigating how much it will be paid.
Mr Richardson had previously made six allegations of discrimination to VCAT against the City of Casey. All of them were dismissed.
Cr Aziz said he believed it to be the first time VCAT’s Human Rights Division had awarded costs.

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