NSW Caselaw
New South Wales Court of Appeal
CITATION: OV & OW v MEMBERS OF THE BOARD OF THE WESLEY MISSION COUNCIL [2010] NSWCA 155
HEARING DATE(S): 28 April 2010
JUDGMENT DATE: 6 July 2010
JUDGMENT OF: Allsop P at 1; Basten JA at 16; Handley AJA at 16
(1) Amend the interim order made on 28 April 2010 pursuant to the Civil Procedure Act 2005 (NSW), s 72, in relation to the identification of the appellants so as to remove the words "until delivery of judgment" and so that the order now reads: (a) Prohibit the publication and disclosure of any information tending to reveal the identity of the appellants; DECISION: (b) In this Court the appellants be referred to by the pseudonyms OV and OW. (2) Allow the appeal in part and set aside order 2 made by the Appeal Panel on 1 October 2009. (3) Dismiss the cross-appeal. (4) Order that the complaint lodged under the Anti-Discrimination Act be further considered by the Equal Opportunity Division, in accordance with the reasons of this Court.
CATCHWORDS: APPEAL – civil – question of law – construction of statute – Administrative Decisions Tribunal Act 1997 (NSW), s 119 - HUMAN RIGHTS – discrimination on ground of homosexuality – defences – religious bodies – Anti-Discrimination Act 1977 (NSW), s 56 - PROCEDURE – civil –non-publication order – protection of identity of children - STATUTORY INTERPRETATION – whether words used in ordinary meaning – reading individual words in structure of provision - WORDS AND PHRASES – "act or practice" – "adherents of that religion" – "appointment" – "doctrines" – "in any capacity" – "religion" – "religious susceptibilities"
Administrative Decisions Tribunal Act 1997 (NSW), ss 67, 69, 73, 75, 108, 113, 119 Anti-Discrimination Act 1977 (NSW), ss 49ZG, 54, 56, 79ZP, 89A, Pt 9, Div 2 Children and Young Persons (Care and Protection) Act 1998 (NSW), 22, 105, 135, 136, 137, 139, 178, 179, Ch 8 LEGISLATION CITED: Children (Criminal Proceedings) Act 1987 (NSW), Pt 2, Div 3A Civil Procedure Act 2005 (NSW), s 72 Judiciary Act 1903 (Cth), s 69 Trade Practices Act 1974 (Cth), s 66B
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