Scully v Secretary of the Department of Transport (Transport Secretary and Sydney Metro) [2024] NSWCATAD 384

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scully v Secretary of the Department of Transport (Transport Secretary and Sydney Metro) [2024] NSWCATAD 384 Hearing dates: 5 December 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: SM Andelman, Senior Member Decision: The proceedings are dismissed pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 Catchwords: PRACTICE AND PROCEDURE – Summary dismissal of proceedings under s 55(1)(b) of the Civil and Administrative Act 2013 – s102 of the Anti-Discrimination Act 1977 - whether the applicant's discrimination claims are lacking in substance HUMAN RIGHTS – Discrimination on the ground of race – in employment – victimisation Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Act 2013 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Margan v University of Technology, Sydney (EOD) [2003] NSWADTAP 65 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Secretary, Department of Communities and Justice v Tebb [2020] NSWCATAP 179 Seventh-Day Adventist Church (North NSW Conference) Limited v Seupule-Feau [2016] NSWCATAP 256 Webster v Lampard [1993] HCA 57; (1993) 177 CLR 598 Texts Cited: None Cited Category: Procedural rulings Parties: Gordon Scully (Applicant) Secretary of the Department of Transport (Transport Secretary and Sydney Metro) (Respondent) Representation: Counsel: Brooks M (Respondent)