Roach v James [2013] NSWADTAP 1

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Roach v James [2013] NSWADTAP 1 Hearing dates: 28 August 2012 Decision date: 10 January 2013 Jurisdiction: Appeal Panel - Internal Before: Magistrate N Hennessy, Deputy President Decision: 1. Appeal dismissed. 2. Each respondent is to file and serve the evidence on which he or she intends to rely by 8 February 2013. 3. Matter listed for further case conference on 13 February 2013 at 11.15 pm to set a hearing date. Catchwords: APPEAL - appeal on a question of law - meaning of necessary joinder provision in Administrative Decisions Tribunal Act 1997 - whether joinder of 3rd respondent "necessary to the determination of all matters in dispute in the proceedings" -- 3rd respondent not named by President of Anti-Discrimination Board when referring complaint to Tribunal but party sought to be joined identified in complaint Legislation Cited: Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Fried v National Australia Bank Ltd [1999] FCA 737 Qantas Airways v AF Little Pty Ltd [1981] 2 NSWLR 34 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Langley v Niland [1981] 2 NSWLR 104 Commonwealth v Sex Discrimination Commissioner (1998) 90 FCR 179 Grogan v First Rate Leisure Pty Ltd and Ors [2007] NSWADT 294 Hanratty v Kempsey Shire Council [2002] NSWADT 232 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Texts Cited: Ritchie's Uniform Civil Procedure NSW, P Taylor et al, Lexis Nexis Butterworths 2005 Rees, Rice and Lindsay, Australian Anti-Discrimination Law, The Federation Press 2008 NSW Civil Procedure Handbook 2011, Hamilton, Lindsay, Morahan & Webster, eds, Lawbook Co. 2011 Category: Interlocutory applications Parties: Deborah Roach (Appellant) Lauren James (Respondent) Representation: Counsel A Crossland (Appellant) M Tibbey (Respondent) Baker and McKenzie (Appellant) Legal Aid NSW (Respondent) File Number(s): 129016 Decision under appeal Citation: James v Wild Food Highlands Pty Ltd [2012] NSWADT 111 Date of Decision: 2012-06-07 00:00:00 Before: Equal Opportunity Division File Number(s): 121002