Mitchell v Clayton Utz (No 4) [2010] NSWADT 168

CITATION: Mitchell v Clayton Utz (No 4) [2010] NSWADT 168

DIVISION: Equal Opportunity Division

APPLICANT Michael Mitchell

RESPONDENT Clayton Utz PARTIES: Garth Williams

Jamie Taylor

Narelle Rutz

FILE NUMBER: 091046

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 25 June 2010

DATE OF DECISION: 6 July 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: EQUAL OPPORTUNITY – application for summonses to issue

LEGISLATION CITED : Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997

Trade Practices Commission v Arnotts Ltd (Not 2) 1989 88 ALR 90 at 103 AF v HealthQuest [2009] NSWADT AP 42 CASES CITED: Moylan v Nutrasweet [2000] NSWCA 337 Wiki v Atlantis Relocations (NSW) Pty Limited [2004] NSWCA 174 Sourlos v Luv A Coffee Lismore Pty Limited [2007] NSWCA 203

APPLICANT In person REPRESENTATION: RESPONDENT M Byrnes, special counsel

ORDERS: 1. Approval is granted for the following summonses to be issued by the Tribunal:a) summons to give evidence to Dr E Dent;b) Summons to produce the following documents to Clayton Utz:(i) e-mails referred to in the respondent's letter to the Anti-Discrimination Board dated 23 December 2008 in which it was claimed that Jamie Taylor remembers possibly sending e-mails to other colleagues about the applicant's practice of changing in his office (ii) e-mail sent by Jamie Taylor and/or Garth Williams to the applicant referring to the applicants over coat or trenchcoat, c) summons to produce the following documents to St Vincent's Hospital:All medical records and file notes relating to the treatment of Michael Mitchell by Dr Clayton Smith, Dr Chester Omana and Dr Elizabeth Dent including a letter written by Dr Chester Omana dated 8/8/7, a note made by Dr Dent on or about 18, 19 or 20 July 2007, any record of the date and time of Mr Mitchell's appointment with Dr Dent on 18, 19 or 20 July 2006.2. Permission is granted for Dr Dent and Dr Reznek (if required) to give evidence by telephone.