TAL Life Limited v CAS [2015] NSWCATAP 155

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TAL Life Limited v CAS [2015] NSWCATAP 155 Hearing dates: 20 July 2015 Date of orders: 30 July 2015 Decision date: 30 July 2015 Jurisdiction: Appeal Panel Before: R Seiden SC, Principal Member S Higgins, Principal Member Decision: 1. Leave to appeal Summons Decision refused.

2. Leave to appeal Further Evidence Decision granted.

3. Appeal of Further evidence Decision allowed.

4. Leave granted to TAL to file the affidavits of Ms Molloy and Mr Lambert as attached to the submissions on the appeal, within 5 days of the date of these reasons for decision.

5. The substantive application is listed for a further case conference within 14 days of the delivery of these reasons. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – interlocutory decision – leave to appeal – meaning of decision - leave refused. APPEAL - Civil and Administrative Tribunal (NSW) – interlocutory decision – leave to appeal - practice and procedure – late filing of evidence – explanation for delay – part evidence in reply – no prejudice to respondent – leave to file granted Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australia National University (2009) 239 CLR 175; Collins v Urban [2014] NSWCATAP 17; House v R (1936) 55 CLR 499; Purvis v New South Wales (2003) 217 CLR 92 Category: Principal judgment Parties: TAL Life Limited (appellant) CAS (respondent) Representation: Counsel: Ms Eastman SC with Ms Oakley (appellant) Ms Case (respondent)