Fonua -v- The Broken Hill Proprietary Company Limited & ors (EOD) [2000] NSWADTAP 19

Appeal Panel

CITATION: Fonua -v- The Broken Hill Proprietary Company Limited & ors (EOD) [2000] NSWADTAP 19 APPELLANT Liufau fonua

FIRST RESPONDENT The Broken Hill Proprietary Company Limited

SECOND RESPONDENT Bruce Mewett PARTIES: THIRD RESPONDENT Brad McMahon

FOURTH RESPONDENT Allan Golding

FIFTH RESPONDENT Bill Gately FILE NUMBER: 999022 HEARING DATES: 03/08/2000 SUBMISSIONS CLOSED: 08/03/2000 DATE OF DECISION: 10/05/2000

Principal matter DECISION UNDER APPEAL: BEFORE: Hennessy N (Deputy President); Rice S - Judicial Member; Alt M - Member CATCHWORDS: costs - leave to appeal out of time MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 37 of 1998 DATE OF DECISION UNDER APPEAL: 08/09/1999 LEGISLATION CITED : Anti-Discrimination Act 1977 Fonua v The Broken Hill Pty Co Ltd and Ors [[1999] NSW ADT 59 CASES CITED: Gallo v Dawson (1990) 64 ALJR 458 Langley v Niland (1981) 2 NSWLR 104 Langley v University of New South Wales (1984) EOC 92-018 APPELLANT REPRESENTATION: In person RESPONDENTS J Downey, solicitor ORDERS: 1. The Appeal Panel does not allow the appellant any further time to lodge an appeal against the decision of the Tribunal made on 9 August 1999; 2. Consequently, the appeal lodged out of time by the appellant is dismissed; 3. The appellant is ordered to pay each of the respondent's costs of this appeal assessed on a party party basis, within twenty one days of the date on which the parties may agree on the amount of those costs, or failing agreement, within 21 days after the date of this decision, such costs to be assessed in accordance with the provisions of the Legal Profession Act 1987. The costs of such assessment to be included in this award of costs.