Fletcher v TNT Australia Pty Limited [2013] NSWSC 1220

Supreme Court New South Wales

Medium Neutral Citation: Fletcher v TNT Australia Pty Limited [2013] NSWSC 1220 Hearing dates: 5 November 2012 and 6 May 2013 Decision date: 03 September 2013 Jurisdiction: Common Law Before: Adams J Decision: The amended summons is dismissed with costs. Catchwords: PRACTICE AND PROCEDURE - application to dismiss proceedings for want of prosecution - appeal to the Supreme Court under s 69 of the Supreme Court Act 1970 from the Equal Opportunity Division of the Administrative Decisions Tribunal - no arguable grounds disclosed - summons summarily dismissed Legislation Cited: Anti-Discrimination Act 1977 Uniform Civil Procedure Rules 2005 Supreme Court Act 1970 Cases Cited: Director General, Department of Education & Training v FP and FQ on behalf of FR (EOD) [2003] NSWADTAP 51 O'Callaghan v Loder [1983] 3 NSWLR 89 Hall v A&A Sheiban Pty Ltd (1989) 20 FCR 217 Category: Principal judgment Parties: Fletcher (Plaintiff) TNT Australian Pty Limited (Defendant) Representation: Counsel: N Furlan (Defendant) Solicitors: Self-represented (Plaintiff) McKells Solicitors (Defendant) File Number(s): 2012/43283

Judgment

Introduction 1In July 2011 Mr Fletcher brought proceedings in the Equal Opportunity Division of the Administrative Decisions Tribunal complaining of race discrimination under the Anti-Discrimination Act 1977. The complaint, which was against his former employer TNT Australia Pty Limited (TNT), was declined by the President of the Anti-Discrimination Board. Mr Fletcher sought leave to proceed with his complaint in the Equal Opportunity Division of the Administrative Decisions Tribunal. Leave was refused and Mr Fletcher took proceedings in this Court in an endeavour to reverse that outcome.