Docherty v The Smith Family [2011] NSWADT 26

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Docherty v The Smith Family [2011] NSWADT 26 Hearing dates: 12 August 2010 Decision date: 09 February 2011 Jurisdiction: Equal Opportunity Division Before: R Perrignon, Judicial Member Decision: 1) The Respondent's application under section 102 is dismissed, on terms that the claim is particularised in the manner set forth in these reasons, and that an order for costs is made in favour of the Respondent. 2) Orders giving effect to this decision, as set out in these reasons, will be made within fourteen days. 3) Grant leave to the parties to file and serve written submissions on proposed order no 7 (as to costs) within fourteen days. Catchwords: DISCRIMINATION - on grounds of disability and carer's responsibilities - application to dismiss claim - want of prosecution - repeated failure to comply with orders of Tribunal Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Crewdson v Niland & Ors (EOD) [2002] NSWADTAP 5 Fei v Director-General, Dept of Commerce (State of NSW) (No2) [2009] NSWADT 109 Hoser v Hartcher [1999] NSWSC 527 MT v AA (No 2) EOD [2010] NSWADTAP 28 O'Sullivan v NSW Medical Board (No 2) [2010] NSWADT 188 Rae v Commissioner of Police, New South Wales Police Force (No 2) [2010] NSWADT 36 Tu v University of Sydney (No. 2) [2002] NSWADTAP 25 Haas v Hosking (No 2) [2010] NSWADT 203 Category: Principal judgment Parties: Sharon Docherty (Applicant) The Smith Family (Respondent) Representation: K Nomchong (Respondent) S Docherty (Applicant - in person) File Number(s): 091088