Bignell v New South Wales Casino Control Authority & Anor [2000] NSWCA 38

Reported Decision : (2000) 48 NSWLR 462

New South Wales Court of Appeal

CITATION : Bignell v New South Wales Casino Control Authority & Anor [2000] NSWCA 38 FILE NUMBER(S) : CA 40396/98 HEARING DATE(S) : 19 November 1999 JUDGMENT DATE : 15 March 2000

Maryanne Bignell - Appellant PARTIES : New South Wales Casino Control Authority - First Respondent Equal Opportunity Tribunal - Second Respondent JUDGMENT OF : Sheller JA at 1; Stein JA at 32; Giles JA at 45

LOWER COURT JURISDICTION : Supreme Court LOWER COURT 30102/97 FILE NUMBER(S) : LOWER COURT Black AJ JUDICIAL OFFICER :

S Winters - Appellant COUNSEL : R W White SC & A J Silink - First Respondent Submitting - Second Respondent SOLICITORS : S Winters, Fredrick Jordan Chambers, Sydney - Appellant I V Knight, Crown Solicitor, Sydney - Respondents CATCHWORDS : STATUTORY CONSTRUCTION - privative clause - s 155(1) of Casino Control Act 1992 - decision of Casino Control Authority under the Act "is final and not subject to appeal or review" - Authority decides not to grant special employee licence - complaint that it discriminated on the ground of marital status - complaint referred to Equal Opportunity Tribunal - whether enquiry by Tribunal precluded by privative clause - By Sheller JA - no, because if complaint upheld the decision was not a decision under the Act - By Stein and Giles JJA - no, because the Tribunal's enquiry would not be an appeal or review of the Authority's decision - Discussion of meaning of "review". DECISION : (1) If leave to appeal be necessary, grant leave to appeal; (2) Appeal allowed; (3) Orders made by Black AJ on 22 May 1998 set aside, and in lieu thereof dismiss the Authority's appeal to the Supreme Court with costs; (4) Order that the Authority pay Ms Bignell's costs of the appeal, but have a certificate under the Suitors Fund Act if qualified.