Martin -v- Hunter Personnel Pty Ltd & ors [2002] NSWADT 53

CITATION: Martin -v- Hunter Personnel Pty Ltd & ors [2002] NSWADT 53 DIVISION: Equal Opportunity Division APPLICANT Cathlene Martin RESPONDENTS PARTIES: Hunter Personnel Pty Ltd Hugh McKensey Paul Hankinson Victor Lewis Peter Hicks FILE NUMBER: 981007 HEARING DATES: 11/02/2002 SUBMISSIONS CLOSED: 02/11/2002 DATE OF DECISION: 04/11/2002

BEFORE: Rees N - Judicial Member; Mooney L - Member; Silva A - Member APPLICATION: 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 Commissioner of Police v Orr [2001] NSWADTAP 16 CASES CITED: McGlade v HREOC [2000] FCA 1477 Crewdson v Niland [2002] NSWADTAP 5 Razaghi v Director-General, NSW Department of Health [2002] NSWADT 4 REPRESENTATION: D Hillard, solicitor R Warren, barrister ORDERS: 1. Application by the respondents that the complaint be dismissed pursuant to s111 of the Anti-Discrimination Act 1977 refused; 2. The applicant to file and serve Amended Points of Claim, statements of witnesses and copies of documents upon which she seeks to rely within 28 days of the date of publication of these reasons; 3. The second, third, fourth and fifth respondents to file and serve Amended Points of Defence, statements of witnesses and copies of documents upon which they seek to rely within 28 days of receiving the documents referred to in Order 2; 4. The parties be granted leave to approach the Registrar for the allocation of hearing dates; 5. The parties be granted leave to restore this matter for further directions and/or orders upon 7 days notice.