James v Department of Justice (Corrective Services NSW) [2022] NSWCATAP 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: James v Department of Justice (Corrective Services NSW) [2022] NSWCATAP 49 Hearing dates: 10 September 2021 Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member D Robertson, Senior Member Decision: (1) Leave to appeal refused. (2) Appeal dismissed. (3) Within 14 days of the date of publication of this Decision the respondent may file submissions seeking an order in relation to the costs of the appeal. Such submissions should address the question whether the application can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act. (4) If the respondent files submissions pursuant to Order 3 the appellant may file submissions in response within a further 14 days. Such submissions should address the question whether the application can be dealt with on the papers and without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act. Catchwords: APPEALS – Findings of fact – Findings based upon acceptance of credit – No basis for setting aside HUMAN RIGHTS — Anti-Discrimination Act 1977 (NSW) — Victimisation – Whether placement of the appellant on a "transitional plan" was "on the ground of" the appellant's earlier proceedings in the Tribunal Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Brandon v Commonwealth [2005] FCA 109 Collins v Urban [2014] NSWCATAP 17 Edwards v Noble (1971) 125 CLR 296 Fox v Percy (2003) 214 CLR 118 Gronow v Gronow [1979] HCA 63; (1979) 144 CLR 513 James v Department of Justice, Corrective Services NSW [2017] NSWCATAD 238 Lauron v Michael [2021] NSWCATAP 120 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Scott v Handley [1999] FCA 404 Yuen v Thom [2016] NSWCATAP 243 ZDB v The University of Newcastle [2017] NSWCATAP 70 Texts Cited: None cited Category: Principal judgment Parties: Rita James (Appellant) Department of Justice (Corrective Services NSW) (Respondent) Representation: Counsel: D Mahendra (Respondent)