O'Sullivan v Sydney South West Area Health Service (EOD) [2005] NSWADTAP 68

Appeal Panel - Internal

CITATION: O'Sullivan v Sydney South West Area Health Service (EOD) [2005] NSWADTAP 68 APPELLANT PARTIES: Brendan Thomas O'Sullivan RESPONDENT Sydney South West Area Health Service FILE NUMBER: 059072 HEARING DATES: 23/11/2005 SUBMISSIONS CLOSED: 11/23/2005 DATE OF DECISION: 11/28/2005

O'Sullivan v Sydney South West Area Health Service (unreported) DECISION UNDER APPEAL: BEFORE: Chesterman M - ADCJ (Deputy President) CATCHWORDS: leave to appeal interlocutory decision - relevant/irrelevant considerations MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 031122 DATE OF DECISION UNDER APPEAL: 11/08/2005 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Bankruptcy Act 1966 (Cth) French v Sydney Turf Club Ltd (No 2) [2003] NSWADTAP 54 Re Will of Gilbert (Deceased) (1946) 46 SR (NSW) 318 Hession v Century 21 South Pacific (1992) 28 NSWLR 120 CASES CITED: House v King (1936) 55 CLR 499 John Fairfax Pty Ltd v Police Tribunal (1986) 5 NSWLR 465 O'Sullivan v Sydney South West Area Health Service, Unreported, Administrative Decisions Tribunal, 8 November 2005 Park v Commissioner of Police [2000] NSWADT 4 APPELLANT REPRESENTATION: C Murtough, barrister RESPONDENT A R Moses, barrister ORDERS: 1. Application for leave to appeal dismissed; 2. Appeal dismissed; 3. Any application relating to the costs of this appeal must be filed and served, with supporting submissions, within 28 days of the date of these reasons. Any submissions in response must be filed and served within a further 28 days, or within such further period as the intervening holiday season may justify. In the absence of any submission to the contrary, the matter of costs will be decided 'on the papers' under s 76 of the Administrative Decisions Tribunal Act 1997.