Chi v Technical and Further Education Commission (No 2) [2013] NSWCA 15

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chi v Technical and Further Education Commission (No 2) [2013] NSWCA 15 Hearing dates: On the papers Decision date: 14 February 2013 Before: McColl JA; Barrett JA; Gzell J Decision: The notice of motion filed by the appellant on 18 December 2012 is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - judgments and orders - amending varying and setting aside - application for order recalling judgment and setting aside orders because appeal decided on a ground on which the appellant was not heard - need to identify "comparator" when discrimination alleged - whether that need sufficiently recognised in the course of argument of the appeal Legislation Cited: Anti-Discrimination Act 1977, ss 17(2), 50(1)(c) Cases Cited: De L v Director-General, NSW Department of Community Services (No 2) [1997] HCA 14; (1997) 190 CLR 207 Purvis v New South Wales [2003] HCA 62; (2003) 217 CLR 92 Category: Consequential orders Parties: Johnny Chi - Appellant Technical and Further Education Commission - Respondent Representation: R Francois - Appellant P Ginters - Respondent Gilbert & Tobin - Appellant I V Knight, Crown Solicitor - Respondent File Number(s): 2011/34507 Decision under appeal Citation: Chi v Technical and Further Education Commission [2010] NSWADTAP 67 Date of Decision: 2010-10-11 00:00:00 Before: Patten D - Deputy President; Huntsman C - Judicial Member; Hiffernan N - Non-Judicial Member File Number(s): 061089