Stuart -V- State Of New South Wales And Commissioner Of Police [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Stuart -V- State Of New South Wales And Commissioner Of Police [1997] NSWEOT

COMPLAINANT: Mr John Stuart

RESPONDENT: State of New South Wales and Commissioner of Police

NUMBER: 18 of 1996

Mr R Bartley AM ( Judicial Member ) TRIBUNAL: Mr L Lau Mrs J Strickland

GROUNDS OF COMPLAINT: Sex Discrimination

DATES OF HEARING: 10/20/1997 DATE OF JUDGMENT: 10/29/1997

Complainant: Self Represented

LEGAL REPRESENTATIVES: Respondent: Ms A. Friedrich NSW Police Service (Solicitor)

JUDGMENT IN FAVOUR OF: Respondent

TRIBUNAL: In this matter the Tribunal fixed the hearing of the matter to commence on 10 November for a period of five to seven days. On 28 August or thereabouts, Mr Stuart disposed of or said he no longer wished his then current legal representation to continue. In October due to the uncertainty of the matter and the costs involved, he was called before the Tribunal and Mr Stuart made an application for an adjournment. That matter was heard on 20 October 1997 and the application for an adjournment was refused.

On 21 October Mr Stuart then wrote to the Registry and set out that he was unable to represent himself for the coming hearing and indicated that in addition, "Please be advised I will not be attending the coming hearing from the 11th to the 18th" which is actually from the 10th "regardless of what the consequences may be, as I believe I am ill equipped to confront the other party and will not have a fair hearing."

In view of the nature of the letter, a letter was written at the Tribunal's direction to Mr Stuart setting out that the public has an interest in the matter and that there is a very great cost involved in a long hearing to the Tribunal and the Respondent and the matter should be clarified before 10 November.