Lin v American International Assurance Company (Australia) Pty Ltd [2005] NSWADT 59

CITATION: Lin v American International Assurance Company (Australia) Pty Ltd [2005] NSWADT 59 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Ping (Peter) Lin RESPONDENT American International Assurance Company (Australia) Pty Ltd FILE NUMBER: 031102 HEARING DATES: 21/12/2004 SUBMISSIONS CLOSED: 12/21/2004 DATE OF DECISION: 03/21/2005

BEFORE: Britton A - Judicial Member; Bolt M - Non Judicial Member; Pan H - Non Judicial Member APPLICATION: Dismissal of complaint - frivolous, vexatious, misconceived or lacking in substance - summons - application for issue of MATTER FOR DECISION: Preliminary matter LEGISLATION CITED : Anti-Discrimination Act 1977 CASES CITED: Queensland v JL Holdings Pty Ltd [1997] HCA 1 Crewdson v Niland & Ors (EOD) [2002] NSWADTAP 5 APPLICANT REPRESENTATION: I Archibald, barrister RESPONDENT D Sloan, solicitor ORDERS: 1.The application made by the Applicant for a fresh summons to be issued on the Respondent for production of documents is refused; 2.The application by the Respondent made under s. 111(1) of the Anti-Discrimination Act 1977 is refused; 3.The Respondent to file and serve any documents on which it seeks to rely, including witness statements, within 42 days of the date of these orders; 4.The Applicant to file and serve any evidence in reply within 7 days of receipt of the Respondent's material; 5.The matter to be set down for hearing at a date to be fixed by the Registrar. The parties to advise the Registrar of any unavailable dates within seven days of the date the Respondent's material is filed.