Secretary, Department of Communities and Justice v Tebb [2020] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Secretary, Department of Communities and Justice v Tebb [2020] NSWCATAP 179 Hearing dates: 26 June 2020 Date of orders: 27 August 2020 Decision date: 27 August 2020 Jurisdiction: Appeal Panel Before: Hennessy N ADCJ, Deputy President Dr R Dubler SC, Senior Member Decision: (1) Under s 44 of the Civil and Administrative Tribunal Act 2013, the State of NSW is removed as a party to these proceedings and the Secretary, Department of Communities and Justice is joined as a party. (2) Leave to appeal from an interlocutory decision is refused. Catchwords: SUMMARY DISMISSAL – where Tribunal refused application to summarily dismiss complaint of discrimination – whether leave should be granted to appeal from interlocutory decision Legislation Cited: Anti-Discrimination Act 1977 (NSW) Government Sector Employment Act 2013 (NSW) Interpretation Act 1987 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (2003) 214 CLR [2003] HCA 18 Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 39 Margan v University of Technology, Sydney (EOD) [2003] NSWADTAP 65 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 Pickering v Yi [2015] NSWCATADAP 161 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 The Owners Corporation of Strata Plan 4521 v Zouk [2007] NSWCA 23 Warren v Coombes [1979] 142 CLR 531 Texts Cited: Aronson Groves and Weeks, Judicial Review of Administrative Action, (6th ed, 2017, Law Book Company) Odgers S, Uniform Evidence Law, (15th ed, 2020, Pyrmont NSW, Thomson Reuters (Professional) Australia Ltd) Category: Principal judgment Parties: Secretary, Department of Communities and Justice (Appellant) Andrew Tebb (Respondent) Representation: Counsel: R Graycar (Appellant)