Burns v Gaynor (No 2) [2022] NSWCATAD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Gaynor (No 2) [2022] NSWCATAD 114 Hearing dates: On the papers Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: 1. The application to extend time for the making of the set aside application is refused. Catchwords: PRACTICE AND PROCEDURE – application to set aside decision – whether decision made in absence of party – whether absence resulted in party's case not being adequately before the Tribunal – discretion Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation 2014 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987(NSW) Cases Cited: Burns v Gaynor [2021] NSWCATAD 324 Choi v University of Technology Sydney [2019] NSWCATAD 212 Coomber v Moree Plains Shire Council (No 2) [2019] NSWCATAD 229 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22. Category: Principal judgment Parties: Garry Burns (Applicant) Bernard Gaynor (Respondent) Representation: Solicitors: Applicant (self-represented) Robert Balzola and Associates (Respondent) File Number(s): 2021/00221260 Publication restriction: Nil