Hatic -v- Linfox Transport (Australia) Pty Ltd [2003] NSWADT 43

CITATION: Hatic -v- Linfox Transport (Australia) Pty Ltd [2003] NSWADT 43 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Senad Hatic RESPONDENT Linfox Transport (Australia) Pty Limited FILE NUMBER: 021047 HEARING DATES: 23 September 2002 SUBMISSIONS CLOSED: 11/06/2002 DATE OF DECISION: 03/07/2003

BEFORE: Britton A - Judicial Member; Farmer L - Member; Toltz D - Member APPLICATION: Race Discrimination - In work - Racial - Vilification - Victimisation MATTER FOR DECISION: Jurisdiction LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Commissioner of Police, New South Wales Police Service v Mooney (EOD) [2001] NSWADTAP 20 Najdovska & Ors v Australian Iron and Steel Pty Ltd (1985) EOC 92-140 CASES CITED: Wollongong City Council v Bonella & ors and Bonella & ors v Wollongong City Council (EOD) [2002] NSWADTAP 26 French v Sydney Turf Club & Anor [1999] NSWCA 195 (18 June 1999) Commissioner of Police, New South Wales Police Service v Orr (EOD) [2001] NSWADTAP 16 REPRESENTATION: A Cardell-Ree, Solicitor J Oakley, Barrister ORDERS: 1. That part of the complaint lodged by the complainant with the President of the Anti-Discrimination Board on 29 June 2000 and referred to the Tribunal that relates to the period before 29 December 1999 is beyond the jurisdiction of the Tribunal. ; 2. The complainant is to file and serve Amended Points of Claim, statements of witnesses and copies of documents upon which he seeks to rely within 28 days ; from the date these reasons are published. ; 3. The respondent is to file and serve Amended Points of Defence, statements of witnesses and copies of documents upon which it seeks to rely within 28 days of receiving the documents referred to in Order 2;; 4. The complainant is to file and serve in reply within 14 days of receiving the documents referred to in Order ; 3; ; 5. Hearing dates to be set by the Registrar;; 6. Complainant is granted leave on or before 14 days from the date these reasons are published to apply to the Tribunal to have this timetable set aside, if he decides to ask the President to exercise his discretion under s 88(4) of the Anti-Discrimination Act in respect of those matters that occurred before 29 December 1999.; 7. The parties are granted leave to restore this matter for further directions and/or orders upon 7 days notice.