Wecker v The Delegate (the decision maker) to the President of the NSW Anti-Discrimination Board [2014] NSWCA 372

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wecker v The Delegate (the decision maker) to the President of the NSW Anti-Discrimination Board [2014] NSWCA 372 Hearing dates: 23 October 2014 Decision date: 31 October 2014 Before: Emmett JA at [1]; Gleeson JA at [2] Decision: 1. Grant the applicant an extension of time within which to file and serve the summons seeking leave to appeal to 31 July 2014. 2. Leave to appeal refused. 3. Applicant to pay the respondent's 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: PRACTICE AND PROCEDURE - Applications - Leave to appeal against dismissal of summons seeking judicial review of failure of the respondent to refer a complaint to the Administrative Decisions Tribunal - Whether leave should be granted - Whether applicant has suffered from an injustice which is reasonably arguable - Decision of the President of the Anti-Discrimination Board to decline to accept a complaint pursuant to s 89B(2)(b) Anti-Discrimination Act 1977 where the conduct complained of occurred more than 12 months earlier - Whether complaint should have been referred to the Tribunal - No error in primary judge finding that the Tribunal has no power to review decision to decline a complaint under s 89B - Limitation Act 1969 irrelevant to decisions made under s 89B(2)(b) Legislation Cited: Anti-Discrimination Act 1977 (NSW) ss 4, 49B, 49L, 87A, 89B, 90, 91, 92, 93A, 93B, 93C, 95, 96, 108 Civil and Administrative Tribunal Act 2013 (NSW) Schedule 1 Limitation Act 1969 (NSW) ss 11, 14, 52, 78 Supreme Court Act 1970 (NSW) s 69 Cases Cited: Be Financial Pty Ltd as trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 McMahon v Permanent Custodians Ltd [2013] NSWCA 275 O'Brien v O'Brien (1995) 35 NSWLR 664 Sharpe v Heywood [2013] NSWCA 192 Shrayer v Anti-Discrimination Board of NSW [2008] NSWSC 1036 Category: Principal judgment Parties: Paul J Wecker (Applicant) The Delegate (the decision maker) to the President of the NSW Anti-Discrimination Board (Respondent) Representation: Counsel: Applicant self-represented K Sanders, Crown Solicitor (Respondent) Solicitors: Applicant self-represented I V Knight, Crown Solicitor (Respondent) File Number(s): 2014/230197 Decision under appeal Jurisdiction: 9111 Citation: Wecker v The Delegate (the decision maker) to the President) Mr S Kerkyashrian) of the NSW Anti-Discrimination Board [2014] NSWSC 386 Date of Decision: 2014-04-04 00:00:00 Before: Schmidt J File Number(s): 2013/387403