O'Sullivan v Sydney South West Area Health (formerly Central Sydney Area Health Service) (No 3) [2005] NSWADT 299

CITATION: O'Sullivan v Sydney South West Area Health (formerly Central Sydney Area Health Service) (No 3) [2005] NSWADT 299 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: Equal Opportunity Division APPLICANT PARTIES: Dr Brendan O'Sullivan RESPONDENT Sydney South West Area Health (formerly Central Sydney Area Health Service) FILE NUMBER: 031122; 051099 HEARING DATES: 26/09/05 SUBMISSIONS CLOSED: 09/26/2005 DATE OF DECISION: 12/16/2005

BEFORE: Grotte E - Judicial Member; Bolt M - Non Judicial Member; Nemeth de Bikal L - Non Judicial Member APPLICATION: Competency of party MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Bankruptcy Act 1966 (Cth) Commissioner of Police, NSW Police Service –v- Estate Edward John Russell & Ors [2001] NSWSC 745 Forster –v- Jododex Australia Pty Ltd & Another 1972 127 CLR 421 CASES CITED: Knaggs –v- Solicitors' Statutory Commission (No.2) 27 NSWLR 603 National Parks and Wildlife Service –v- Stables Perisher Pty Ltd (1990) 20 NSWLR 573 O'Sullivan –v- Central Sydney Area Health Service [2005] FMCA 968 APPLICANT REPRESENTATION: C Murtough, barrister RESPONDENT A Moses, barrister ORDERS: 1. Applicant's application for a preliminary hearing ruling as to his capacity to sue is dismissed; 2. Applicant's application that the Respondent pay the Applicant's costs of these proceedings is reserved.