Ex-councillor hit with VCAT appeal costs

FORMER Casey councillor Paul Richardson may be set to make legal history after being told he has to pay the City of Casey’s costs for defending a human rights complaint at VCAT.
Cr Sam Aziz confirmed last Tuesday night that the City of Casey had been successful in a cost award application against Mr Richardson following his prolonged legal tussle with the council.
He said it was possibly the first time VCAT had made a costs award in a human rights case.
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.
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.
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 Division.
Casey Mayor Mick Morland said VCAT’s finding justified the council’s decision to seek costs.
“Council had no alternative than to defend the action taken against it by Mr Richardson and this has resulted in an unreasonable cost to council,” he said.
“Defending Mr Richardson’s discrimination claim against council and seeking legal advice concerning his unmanageable behaviour has cost council in excess of $200,000 – money which council would have preferred to have spent on providing services to the community.
“In addition, there would have been another $100,000 of council resources used in managing the case.”