Goodworth - V- Marsdens Motors Pty. Limited [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Goodworth - V- Marsdens Motors Pty. Limited [1996] NSWEOT

COMPLAINANT: Ms Annette Goodworth

RESPONDENT: Marsden Motors Pty Ltd

NUMBER: 76 of 1994

Mr G Bartholomew ( Judicial Member ) TRIBUNAL: Mr M Luger Ms L Nemeth De Bikal

GROUNDS OF COMPLAINT: Discrimination on the ground of compulsory retirement in the area of employment

DATES OF HEARING: 08/31/1995; 09/01/1995; 01/29/1996; 01/30/1996 DATE OF JUDGMENT: 08/14/1996

Complainant: Tress Cocks & Maddox (Solicitors) Mr C Moore (Counsel) LEGAL REPRESENTATIVES: Respondent: Lenehan & Co. (Solicitors) Mr G Colman (Counsel)

JUDGMENT IN FAVOUR OF:

The substance of this matter was decided by the Tribunal on 1 April 1996 in favour of the Complainant. At the close of hearing the parties were invited to put in written submissions on the question of damages whilst subsequently the Tribunal requested further written submissions both on that question and on the question of costs. The parties having now filed their submissions on these points the Tribunal turns to consider its decision on these matters.

On the question of damages the Complainant sought both special and general damages and quantified her loss including both past and future economic loss at $81,404.35. The Respondent's position is that they ceased trading on 30 June 1994 and cannot therefore be liable for any damages after that date. This point was touched upon by counsel for the Respondent both in his examination in chief and re-examination of Mr Rogers. After Mr Rogers had stated that he had another company in addition to Marsden Motors Pty Ltd, namely, Moruya Service Centre Pty Ltd the examination proceeded as follows: