Seupule-Feau v Seventh Day Adventist Church (North NSW Conference) Ltd [2016] NSWCATAD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Seupule-Feau v Seventh Day Adventist Church (North NSW Conference) Ltd [2016] NSWCATAD 37 Hearing dates: 10 November 2015 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: 1. Those parts of the complaint on which the Applicant no longer relies are dismissed. 2. The Respondent's application for the remainder of the complaint to be summarily dismissed is refused. 3. The parties are directed to attend a mediation on 14 March 2016 at 10 am. 4. If the mediation does not resolve the complaint, the following timetable applies: (a) Applicant (Mr Seupule-Feau) to file and serve evidence including witness statements on which he intends to rely by 11 April 2016; (b) Respondent (the Church) to file and serve evidence Respondent including witness statement on which it intends to rely by 9 May 2016; (c) Matter listed for hearing for 2 days on 19 and 20 May 2016. Catchwords: SUMMARY DISMISSAL – principles to be applied on application under the Anti-Discrimination Act – meaning of "for any other reason" Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 Forrester v AIMS Corporation [2004] VSC 506 Mr and Mrs A on behalf of their four children v State of New South Wales and Department of Education and Training [2003] NSWADT 71 (7 April 2003) Rana v University of South Australia [2004] FCA 559; (2004) 136 FCR 344 Spellson v George (1992) 26 NSWLR 666 Category: Principal judgment Parties: Eteuati Seupule-Feau (Applicant) Seventh Day Adventist Church (North New South Wales Conference) Limited (Respondent) Representation: Counsel: N Read (Respondent)