Kesby v Nguyen-Dang & anor [2009] NSWADT 34

CITATION: Kesby v Nguyen-Dang & anor [2009] NSWADT 34

DIVISION: Equal Opportunity Division

APPLICANT Julie Kesby PARTIES: REPSONDENTS Dr Tuan Nguyen-Dang South Eastern Sydney & Illawarra Area Health Service

FILE NUMBER: 071086 and 071087

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 15 January 2009

DATE OF DECISION: 17 February 2009

BEFORE: Britton A - Deputy President

CATCHWORDS: Amendment of complaint

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

Bernard v Manly Lawn Tennis Club Ltd [2006] NSWADT 174; Chand v Rail Corporation of New South Wales (EOD) [2007] NSWADTAP 54; Commissioner of Corrective Services v Dezfouli [2008] NSWADTAP 85; CASES CITED: Neeson v Director-General, NSW Department of Education and Training [2008] NSWADT 330; Perera v Commissioner of Corrective Services [2007] NSWADT 115; West & ors v Commissioner of Police, NSW Police [2007] NSWADT 240; Zhang v Blinds Pty Ltd trading as Blinds by Peter Meyer (EOD) [2008] NSWADTAP 24.

APPLICANT In person REPRESENTATION: RESPONDENT R Pepper, barrister

1. Leave to amend the complaint made against Dr Nguyen-Dang by Ms Kesby referred to the Administrative Decisions Tribunal by the President of the Anti Discrimination Board by letter dated 3 August 2007, to include an allegation of unlawful discrimination on the ground of sex, is refused ORDERS: 2. Ms Kesby is directed to notify Dr Nguyen-Dang's legal representatives, no later than seven days of the date of these orders, if she wishes to proceed with the threat allegation as an allegation of victimisation. If notice is so provided and Dr Nguyen-Dang objects to that characterisation, he must within seven days of receiving notice: (i) notify the Tribunal and all parties of his objection and (ii) advise whether he wishes the objection to be determined at or before the hearing 3. The parties are granted leave to have this matter listed for further directions and/or orders upon seven days notice.