Johnstone -V- N S W Tafe Commission (Hunter Institute Of Technology) [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Johnstone -V- N S W Tafe Commission (Hunter Institute Of Technology) [1997] NSWEOT

COMPLAINANT: Amanda Johnstone

RESPONDENT: N S W TAFE Commission (Hunter Institute of Technology)

NUMBER: 94 of 1995

Ms Narelle Bell ( Judicial Member ) TRIBUNAL: Mr N Lacey Mr N Rogan

GROUNDS OF COMPLAINT: Discrimination on the ground of sex (pregnancy) in the area of education

DATES OF HEARING: 11/25/1996; 11/26/1996 DATE OF JUDGMENT: 05/19/1997

Complainant: Andrew Thorpe Solicitors (Solicitors) Ms F Davis (Counsel) LEGAL REPRESENTATIVES: Respondent: State Crown Solicitor's Office (Solicitors) Mr M Dicker (Counsel)

JUDGMENT IN FAVOUR OF:

This application for costs made by the Respondent pursuant to section 111(2) and section 114 of the Anti-Discrimination Act 1977 follows on the decision of the Tribunal on 26 November 1996 to dismiss the complaint pursuant to section 111(1) of the Act on the basis that the complaint was found by the Tribunal to be lacking in substance.

Counsel for the Respondent referred the Tribunal to the decision of His Honour Mr Justice Ireland in Royal Hospital for Women v Herring 1993 EOC 90-530 and then sought to distinguish the present case on a number of points.

His Honour, in Royal Hospital for Women , after discussing the effect of section 114 and noting that the words used in that section are directed towards considerations of costs inter partes whereas the discretion arising under section 111(2) is extended to encompass the costs "of the inquiry",said: