Burns v McKee [2015] NSWCATAD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v McKee [2015] NSWCATAD 106 Hearing dates: 25 March 2015 Decision date: 25 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: Conley J, Senior Member Decision: Leave declined to issue a summons to the Anti-Discrimination Board Catchwords: Application to issue summons Legislation Cited: Anti-Discrimination Act 1977(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: White v Carlton Tow Bars Pty Ltd t/as TJM Southside [2014] NSWCATAP 36. R v Saleam [1999] NSWCCA 86 Alister v R [1984] HCA 85; (1984) 154 CLR 404 Category: Principal judgment Parties: Garry Burns (Applicant) Geoffrey McKee (Respondent) Representation: Solicitors: G Burns (Applicant in Person Robert Balzola (Respondent) File Number(s): 1410520

Background 1. Garry Burns, (the applicant) made a number of complaints against Geoffrey McKee (the respondent) under the Anti-Discrimination Act 1977 (the ADA) to the Anti-Discrimination Board (the ADB). One of his complaints (C2014/05030), being the complaint the subject of these proceedings, was referred by the President, to the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal (the Tribunal). 2. In respect of another of the applicant's complaints (C2014/0649), the Respondent was notified of the complaint, however during the investigation by the ADB the compliant was declined by the President. The applicant elected to withdraw a third complaint (C2014/0817). 3. The complaint the subject of these proceedings came before the Tribunal for directions at a series of case conferences. Directions had been made for the filing and exchange of documents and the matter was listed for a case conference on 25 March 2015 to set a date for the hearing.