BVA v The University of Newcastle [2015] NSWCATAD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BVA v The University of Newcastle [2015] NSWCATAD 52 Hearing dates: 27 February 2015 Decision date: 25 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: Leave for the complaint to proceed is refused. Catchwords: ANTI-DISCRIMINATION – complaint by student of disability discrimination against University declined by President of Anti-Discrimination Board as lacking in substance – whether fair and just for complaint to proceed – merits of the complaint Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 4, s 49L, s 49B, s 53 Civil and Administrative Tribunal Act 2013 (NSW), s 64 Cases Cited: Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Purvis v New South Wales [2003] HCA 62 (2003) 217 CLR 92 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262. Category: Principal judgment Parties: BVA (Applicant) The University of Newcastle (Respondent) Representation: Counsel: E Raper (Respondent) Solicitors: BVA (Applicant in person) Minter Ellison (Respondent) File Number(s): 1510020 Publication restriction: The publication of the name of the applicant including the publication of any information picture or other material that identifies her or is likely to lead to her identification is prohibited.