Wecker v The Delegate (the decision maker) to the President (Mr S Kerkyashrian) of the NSW Anti-Discrimination Board [2014] NSWSC 386

Supreme Court New South Wales

Medium Neutral Citation: Wecker v The Delegate (the decision maker) to the President (Mr S Kerkyashrian) of the NSW Anti-Discrimination Board [2014] NSWSC 386 Hearing dates: 28 March 2014 Decision date: 04 April 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Summons is dismissed. Catchwords: ADMINISTRATIVE LAW - orders sought under s 69 of the Supreme Court Act 1970 that complaints made under the Anti-Discrimination Act 1977 be listed for leave to appeal to the Administrative Decisions Tribunal or be referred to a judicial member of the Tribunal - complaints of unlawful discrimination on the basis of disability declined under s 89B of the Anti-Discrimination Act - statutory construction - cause of action - limitation of actions - whether Limitation Act 1969 applies to complaints made under the Anti-Discrimination Act 1977 - whether s 52 of the Limitation Act 1969 limits the discretion to decline complaints of disability discrimination under s 89B of the Anti-Discrimination Act - whether plaintiff had a legitimate expectation that his complaints would be referred to the Tribunal - whether there is a duty requiring complaints declined under s 89B of the Anti-Discrimination Act 1977 to be referred to the Tribunal Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Limitation Act 1969 (NSW) Mental Health Act 2007 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Achurch v The Queen [2014] HCA 10 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; 239 CLR 27 Country Energy v Williams [2005] NSWCA 318; 141 LGERA 426 Director General, New South Wales Department of Community Services v Children's Court of New South Wales & Ors; Re Peter & Ors [2002] NSWSC 679 Minister of State for Immigration & Ethnic Affairs v Ah Hin [1995] HCA 20; 183 CLR 273 Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 Ritson v Commissioner of Police [2013] NSWSC 1396 Shrayer v Anti-Discrimination Board of NSW [2008] NSWSC 1036 Wecker v Delegate to the President of the NSW Anti-Discrimination Board [2013] FCA 1167 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia, 7th ed, LexisNexis Butterworths, New South Wales, 2011, at [7.7] - [7.15] Category: Principal judgment Parties: Paul J Wecker (Plaintiff) The Delegate (the decision maker) to the President (Mr S Kerkyashrian) of the NSW Anti-Discrimination Board (Defendant) Representation: Solicitors: Mr PJ Wecker, unrepresented (Plaintiff) Ms K Sanders, Crown Solicitor's Office (Defendant) File Number(s): 2013/387403 Publication restriction: None