French v Sydney Turf Club & Anor [1999] NSWCA 195

New South Wales Court of Appeal CITATION : French v Sydney Turf Club & Anor [1999] NSWCA 195 FILE NUMBER(S) : CA 40531/98 HEARING DATE(S) : 4 May 1999 JUDGMENT DATE : 18 June 1999

Margaret French PARTIES : Sydney Turf Club Equal Opportunity Tribunal JUDGMENT OF : Priestley JA at 1; Meagher JA at 2; Giles JA at 10

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : ALD30018/98 LOWER COURT JUDICIAL OFFICER : H H Bell AJ

COUNSEL : Appellant - S W Winters Respondents - R J Buchanan QC & R S Warren Appellant - Kingsford Legal Centre SOLICITORS : First Respondent - Manion McCosker Second Respondent - I V Knight, State Crown Solicitor CATCHWORDS : EQUAL OPPORTUNITY TRIBUNAL - complaints of physical impairment/disability discrimination - dismissed - appeal to judge on point of law - further appeal to Court of Appeal - whether Tribunal a specified tribunal for purposes of Supreme Court Act - whether matter at issue of value more than $100,000 - leave required - whether Tribunal entitled to act on parties' agreement that one complaint could not be maintained even if wrong - was entitled - whether Tribunal applied test required by Anti Discriminatioin Act to other complaint - reasons of Tribunal unclear - could not be seen what it had done - necessary findings not made - (by majority) leave to appeal granted and appeal allowed - remitted to Tribunal to be dealt with according to law. DECISION : By majority: (1) Extend the time for the appellant to apply for leave to appeal from the decision of Bell AJ given on 23 June 1998 until 17 August 1998; (2) Grant leave to appeal limited to the decision on the complaint of disability discrimination in relation to the injury to the appellant's back and right leg ("the hours complaint"); (3) Allow the appeal in relation to the hours complaint and set aside the dismissal by Bell AJ of the summons filed in the Administrative Law Division so far as the dismissal was in relation to the hours complaint; (4) Allow the appeal from the decision of the Equal Opportunity Tribunal ("the Tribunal") so far as the Tribunal dismissed the hours complaint and set aside the Tribunala's dismissal of the hours complaint; (5) Remit the decision of this Court to the Tribunal for the hours complaint to be dealt with according to law; (6) Order the first respondent to pay the costs of the appellant of the summons filed in the Administrative Law Divison and of this appeal; (7) Grant to the first respondent if qualified a certificate under the Suitors Fund Act.