Deva v University of Western Sydney [2009] NSWCA 389

Reported Decision: 191 IR 268[2010] ALMD 4457[2010] ALMD 4465 Appeal Outcome: Special leave dismissed by the High Court -18 June 2010 s7/2010 [2010] HCASL 172

New South Wales Court of Appeal

CITATION: Deva v University of Western Sydney [2009] NSWCA 389 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25 November 2009

JUDGMENT DATE: 2 December 2009

JUDGMENT OF: McColl JA at 1; Handley AJA at 35; Sackville AJA at 38

DECISION: Application for leave to appeal dismissed with costs.

CATCHWORDS: STATUTORY INTERPRETATION – acts of parliament – interpretation – applicant unsuccessful in proceedings for unfair dismissal under Workplace Relations Act 1996 (Cth) –subsequent complaint of unlawful dismissal in respect of the same termination pursuant to Anti-Discrimination Act 1977 (NSW) – whether Anti-Discrimination Act proceedings barred by Workplace Relations Act 1996 (Cth) s 170HB(4) - APPEAL – application for leave to appeal – challenge to findings on remitter from Court of Appeal – Court of Appeal found subject matter of complaint pursuant to Anti-Discrimination Act 1977 (NSW) not same as that dealt with in Workplace Relations Act complaint – whether primary judge reversed or failed to take into account first Court of Appeal ruling – no error demonstrated

Anti-Discrimination Act 1977 (NSW) Judiciary Act 1903 (Cth) LEGISLATION CITED: Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Uniform Civil Procedure Rules 2005 (NSW)

CATEGORY: Principal judgment

Deva v University of Western Sydney [2008] NSWCA 137 CASES CITED: Deva v University of Western Sydney [2009] NSWSC 280 Divine-Bortey v Brent LBC [1998] ICR 886 CA SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; (2007) 81 ALJR 1190