Hume -V- Mulheron [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Hume -V- Mulheron [1997] NSWEOT

COMPLAINANT: Halina Hume

RESPONDENT: Dennis Mulheron

NUMBER: 218 of 1996

Ms Pat O'Shane ( Judicial Member ) TRIBUNAL: Mr M Luger Mr W Bowtell

GROUNDS OF COMPLAINT: Discrimination on the ground of race in the area of goods and services

DATES OF HEARING: 07/15/1997 DATE OF JUDGMENT: 07/15/1997

Complainant: Ms J Boulos (Solicitor) NSW Legal Aid Commission LEGAL REPRESENTATIVES: Ms S Winters (Counsel)

Respondent: Self Represented

JUDGMENT IN FAVOUR OF:

Background This matter was heard on 15 July 1997, on which date the Tribunal delivered an ex tempore decision in which the complaint was dismissed on the grounds that it was not made out on the evidence.

On 21 July 1997 the Legal Aid Commission on behalf of the Complainant wrote to the Equal Opportunity Tribunal asking for a statement of reasons, in accordance with the provisions of s.117(1) of the Anti-Discrimination Act 1977.

The Act further provides, per s.117(2), that the Tribunal shall, within 14 days after the service of a notice under sub-s.(1), state its reasons for the decision or order... The s.117(1) notice was received into the office of the Equal Opportunity Tribunal on 22 July 1997, and copies sent to the Tribunal members on 25 July 1997. The Tribunal expresses its regrets that these written reasons were not provided earlier than this, in accordance with the requirements of the Act. The reasons for this late response are twofold: firstly, upon receipt of the notice, a transcript of proceedings was called for, and that was provided some weeks after the hearing; secondly, the Judicial Officer's pressure of Local Court work, and annual leave, obviated against this matter being dealt with expeditiously.