Tu v University of Sydney [2002] NSWADTAP 19

Set aside by Appeal : Set aside by appeal on 18 July 2003 (Court of Appeal)

Appeal Panel

CITATION: Tu v University of Sydney [2002] NSWADTAP 19 APPELLANT PARTIES: John Hsiao-Kong Tu RESPONDENT University of Sydney FILE NUMBER: 019002 HEARING DATES: 12/03/2002 SUBMISSIONS CLOSED: 03/12/2002 DATE OF DECISION: 05/31/2002

Tu v University of Sydney [2001] NSWADT DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Rees N - Judicial Member; Alt M - Member CATCHWORDS: adjournment - appealable decision - leave to appeal out of time - reconstitution of Tribunal during hearing - summary dismissal - exercise of discretion MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 991004 DATE OF DECISION UNDER APPEAL: 01/10/2001 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 LLoyd v Veterinary Surgeons Investigating Committee [1999] NSWCA 68 Lloyd v Veterinary Surgeons Investigating Committee [1999] NSWADTAP 3 Australian Trained Doctors Overseas Inc v Director-General, NSW Department of Health [2001] NSWADTAP Crewdson v Niland & ors [2002] NSWADTAP 5 Gerlach v Clifton Bricks P/L [2002] HCA 22 Wentworth v Rogers (No 3) (1986) 6 NSWLR 642 CASES CITED: Maiden v Maiden (1909) 7 CLR 727 McCauley v McCauley (1910) 10 CLR 434 House v The King (1936) 55 CLR 499 Norbis v Norbis (1986) 161 CLR 513 Warehouse Group (Australia) P/L v Bevendale Pty Ltd & ors [2002] VSC 108 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11 Brandusoiu v Commissioner of Police [1999] NSWADTAP8 Commissioner of Corrective Services v Aldridge (No 2) [2002] NSWADTAP 6 REPRESENTATION: S Winters, barrister J Oakley, barrister ORDERS: 1 Appeal dismissed; 2 Appeal Panel to dispose of all costs applications; 3 In regard to the question of the costs of the appeal, the respondent is to file and serve any further submissions within seven days; and the appellant is to file and serve any written submissions in reply within a further seven days.