Stokes v President of the Anti-Discrimination Board of New South Wales [2006] NSWSC 351

New South Wales Supreme Court

CITATION : Stokes v President of the Anti-Discrimination Board of New South Wales [2006] NSWSC 351 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 6 and 10 April 2006 JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

EX TEMPORE JUDGMENT DATE : 04/10/2006

DECISION : 1. Declare that when dealing with her applications to have her complaints dealt with out of time the plaintiff was not afforded procedural fairness by the first defendant; 2. Order the first defendant to reconsider in accordance with law the plaintiff's application that her complaints be accepted out of time pursuant to s 88(4) of the Anti-Discrimination Act 1977.

CATCHWORDS : ADMINISTRATIVE LAW - procedural fairness - complaint made out of time - request to show cause - rejection of application to file complaint out of time - whether delay caused by the Board - whether a denial of opportunity to respond to adverse submissions made to the Board

LEGISLATION CITED : Anti-Discrimination Act 1977 (NSW)

Haucher v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 648 CASES CITED : Hall v The University of New South Wales [2003] NSWSC 669 Kioa & Ors v West & Anor [1985] 159 CLR 550

Armida Stokes (Pltf) President, Anti-Discrimination Board of NSW (1D) PARTIES : Serco Sodexho Defence Services Pty Ltd (2D) George Samios (3D) Anthony Van Chad (4D)

FILE NUMBER(S) : SC 30016/05

Plaintiff in person COUNSEL : Submitting appearance (1D) K L Eastman (2D) No appearance (3D, 4D)