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. It was pointed out to him in the letter the effect of s111(1A) which provides that the Tribunal may dismiss a complaint if satisfied a Complainant does not wish to proceed with the matter. The Complainant has appeared today in person and declines to say in actual fact he does not wish to proceed with the matter, but he says he will not be attending the hearing. He further says that if he could get legal representation by that date he could attend, but there is little prospect of him getting legal representation. Mr Haffenden for the Respondent has addressed the Tribunal and set out the various matters in which the Tribunal could find that on the facts it could be said that the Complainant does not wish to proceed with the matter. The Tribunal has considered the whole matter and we are satisfied that the facts do disclose that the Complainant does not wish to proceed with the matter and the complaint is dismissed. HAFFENDEN: Tribunal members would you hear me on an application of costs? CHAIRPERSON: I'd hear you but the situation is that Mr Stuart told us he's been out of work for some considerable time on workers' comp is that right? COMPLAINANT: Yes. CHAIRPERSON: The purpose of the hearing today was to save your client costs. Of course the costs involved for the Respondent if we let the matter lie, if Mr Stuart hadn't turned up would be quite substantial. One would think that we've done all we could to save costs and having regard to the situation of the Complainant - we're quite prepared to hear you, we might be disinclined to grant any application. I'll just check with my members unless you want to say something do you? HAFFENDEN: Could I make this submission that we've incurred very substantial expense in preparing this matter. We've had to interview a number of witnesses. The Department itself had a number of reports internally prepared. We've been here in June ready for a hearing which was vacated, question of costs with regard to that was reserved by you judicial member, that was on the basis that the Complainant didn't wish to proceed because he didn't have legal aid. We've incurred those costs, appearance the Complainant's financial position but needless to say, the matter is not being pursued and hasn't been pursued, it's on that basis that I make the application for costs. CHAIRPERSON: We don't wish to hear you Mr Stuart, the application for costs is refused. Under those circumstances we don't want to hear you address us okay. HAFFENDEN: The hearing dates would be vacated I take it. CHAIRPERSON: It's dismissed. I'll make a formal order that the hearing dates are vacated anyway. That cover everything? HAFFENDEN: I think so. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.