Dezfouli v Justice Health and Forensic Mental Health Network [2015] NSWCATAD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dezfouli v Justice Health and Forensic Mental Health Network [2015] NSWCATAD 159 Hearing dates: 24 April 2015, 8 July 2015 (Final submission) Decision date: 03 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member I O'Connell, General Member M O'Halloran, General Member Decision: 1. The complaint lodged by Mr Dezfouli with the President of the Anti-Discrimination Board on 28 April 2014, is dismissed.

2. That part of the complaint lodged by Mr Dezfouli with the President of the Anti-Discrimination Board on 9 January 2014 in relation to the ordering of takeaway food, is dismissed. Catchwords: EQUAL OPPORTUNITY — sex discrimination — direct discrimination — "on the grounds of sex"

PRACTICE AND PROCEDURE — whether Tribunal obliged to consider new evidence provided after hearing — no invitation by Tribunal to provide or make submissions about new evidence Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Disability Discrimination Act 1992 (Cth) Mental Health Act 2007 (NSW) Cases Cited: Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Dezfouli v Justice Health and Forensic Mental Health Network [2015] NSWCATAD 11 NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90 Purvis v New South Wales (2003) 217 CLR 92 Category: Principal judgment Parties: Saaed Dezfouli (Applicant) Justice Health and Forensic Mental Health Network (Respondent) Representation: Solicitors: S Dezfouli (Applicant in person) M Sterry, Justice Health and Forensic Mental Health Network (Respondent) File Number(s): 1410356, 1410695