Lunn v Storm Retirement Village (EOD) [2003] NSWADTAP 62

Appeal Panel - Internal

CITATION: Lunn v Storm Retirement Village (EOD) [2003] NSWADTAP 62 revised - 2/12/2003 APPELLANT PARTIES: Sharyn Lunn RESPONDENT Storm Retirement Village FILE NUMBER: 039042 HEARING DATES: 11/09/2003 SUBMISSIONS CLOSED: 09/11/2003 DATE OF DECISION: 12/01/2003

Lunn v Storm Retirement Village [2003] NSWADT DECISION UNDER APPEAL: BEFORE: Hennessy N - Magistrate (Acting President); Britton A - Judicial Member; Bolt M - Member CATCHWORDS: adequacy of reasons - finding contrary to evidence - relevant/irrelevant considerations MATTER FOR DECISION: Principal Matter FILE NUMBER UNDER APPEAL: 021123 DATE OF DECISION UNDER APPEAL: 05/22/2003 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Supreme Court Rules 1970 Assal v Department of Health, Housing & Community Services (1992) EOC 92-409 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Collector of Customs v Pozzolanic (1993) FCR 280 Ebber v Human Rights and Equal Opportunity Commission & Ors (unreported, Drummond J, 17 March 1995) General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hatic v Linfox Transport (Australia) Pty Ltd [2003] NSWADT 43 Langley v Niland [1981] 2 NSWLR 104 McGlade v Human Rights & Equal Opportunity Commission [2000] FCA 1477 Nagasinghe v T A Worthington QC & Anor (unreported, von Doussa J, 6 October 1994 at 5; appeal to the Full Court dismissed, unreported, 2 June 1996; application for special leave to appeal to the High Court refused [1996] 13 Leg. Rep. SL11) CASES CITED: Najdovska & Ors v Australian Iron and Steel Pty Ltd (1985) EOC 92-140 O'Callaghan v Loder [1983] 3 NSWLR 89 Pannizutti v Trask (1987) 10 NSWLR 531 Peter Kent Development Pty Ltd v Australia & New Zealand Banking Group Ltd (SC (NSW), Hunt J, 6 May 1980, unreported) Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Rajski v Powell (1987) 11 NSWLR 522 Spellson v George (1992) 26 NSWLR 666 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Wickstead v Browne (1992) 30 NSWLR 1 Wollongong City Council v Bonella & ors and Bonella & ors v Wollongong City Council (EOD) [2002] NSWADTAP 26 APPELLANT REPRESENTATION: C Howell, counsel RESPONDENT S Winters, counsel ORDERS: 1 The Tribunal's order that it has no jurisdiction to deal with any events alleged to have occurred prior to 17 July 2001 is affirmed; 2 The Tribunal's order dismissing the complaint of perceived homosexuality discrimination is set aside; 3 The Tribunal's order dismissing the complaint of victimisation for the period prior to 17 January 2002 is set aside. In substitution for that order, a decision is made that the Tribunal has jurisdiction to entertain a complaint of victimisation occurring during the period of 6 months prior to 18 February 2002; 4 The matter is remitted for reconsideration by a differently constituted Tribunal.