NSW Caselaw
CITATION: McCoy v Lever [2008] NSWADT 206
DIVISION: Equal Opportunity Division
APPLICANT Donna McCoy PARTIES: RESPONDENT Mark Lever
FILE NUMBER: 081008
HEARING DATES: 12 June 2008
SUBMISSIONS CLOSED: 12 June 2008
DATE OF DECISION: 1 August 2008
BEFORE: Scahill A - Judicial Member
CATCHWORDS: Dismissal of complaint - frivolous vexatious misconceived or lacking in substance
MATTER FOR DECISION: Preliminary matter
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977
Dee v Commissioner of Police and Anor [2003] NSWADT 217 Ehl v Department of Education and Training and NSW Teachers Federation [1999] NSWADT 102 CASES CITED: Fricke v Corbett Research Pty Ltd [2004] NSWADT 128 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1
APPLICANT In person REPRESENTATION: RESPONDENT In person
1. The complaint of sexual harassment against Mr Lever relating to telephone calls and the visit to Ms McCoy's home during Ms McCoy's absence from work referred to in paragraphs 21 to 28 is dismissed pursuant to section 102 of the ADA ORDERS: 2. All complaints of vilification against Mr Lever are dismissed pursuant to section 102 ADA 3. The withdrawal of the complaint in relation to unidentified telephone calls to Ms McCoy's home in late July 2006 is noted 4. Costs are reserved.
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