NSW Caselaw
CITATION: Johnston v State of New South Wales [2009] NSWADT 314
DIVISION: Equal Opportunity Division
Applicant: Shirley Johnston PARTIES: Respondent: State of New South Wales (Attorney General's Department)
FILE NUMBER: 091091
HEARING DATES: 9 September 2009
SUBMISSIONS CLOSED: 25 November 2009
DATE OF DECISION: 16 December 2009
BEFORE: Kavanagh J
CATCHWORDS: Application for leave to appeal - s96 of Anti-Discrimination Act 1977 - age and disability complaint - consideration of complaint requires original decision - consideration of leave necessary for appeal - respondent raises protection from suit under principle of judicial immunity - in public interest to hear issue at earliest stage of litigation - principles of judicial immunity - act within powers of President of Tribunal - Registrar acts on delegation of President's power - Registrar acts within jurisdiction so is protected - effect of s44B&C of Judicial Officers Act 1986 - act of Registrar has statutory protection from suit even if administrative (ministerial) act - Registrar of Tribunal/Department indemnified from suit - leave refused
Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Equal Opportunity Act 1995 (Vic) LEGISLATION CITED : Freedom of Information Act 1989 Interpretation Act 1987 Judicial Officers Act 1986 Public Sector Employment and Management Act 2002 Racial Discrimination Act 1995 (Cth)
Brian Rochford Ltd (Administrator Appointed) v Textile Clothing & Footwear Union of NSW (1998) 85 IR 332 Budd v State of New South Wales [2007] NSWADT 112 Budd v State of New South Wales (Attorney General's Department) [2009] NSWADT 215 Ekermawi v Administrative Decisions Tribunal of New South Wales and Ors [2009] NSWSC 143 CASES CITED: Mahenthirarasa v State Rail Authority Of New South Wales (No 2) [2008] NSWCA 201 Re East and Ors; Ex Parte Nguyen [1998] 196 CLR 354 Scanlon v Director-General, Department of the Arts, Sport and Recreation [2007] 70 NSWLR 1 Singleton v The King (2005) 227 CLR 166 Towie v the State of Victoria (2008) 19 VR 640 Wentworth v Wentworth and Ors (2001) 52 NSWLR 602
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