Burns v Corbett (No 2) [2016] NSWSC 612

Supreme Court New South Wales

Medium Neutral Citation: Burns v Corbett (No 2) [2016] NSWSC 612 Hearing dates: 4 May; 12 July 2016 Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)Under Rule 28.2 Uniform Civil Procedure Rules 2005, order that the following questions be determined separately before any further hearing of the contempt charges: (a) Did the Administrative Decisions Tribunal have jurisdiction to resolve the complaint under s 49ZT Anti-Discrimination Act 1977 (NSW) made by the plaintiff against the defendant? (b) Did the Appeals Panel of the NSW Civil and Administrative Tribunal have jurisdiction to resolve the said complaint? (c) Is the judgment obtained by the filing of the certificate in the registry of the Supreme Court in accordance with s 114 of the Anti-Discrimination Act 1977 (NSW) valid and enforceable against the defendant even if the orders of the relevant Tribunal the subject of the certificate are void or voidable? (2) Under Rule 1.21 UCPR, remove the decision on the separate question to the Court of Appeal; (3) List the separate questions for directions before the Registrar, Court of Appeal at 9:00 am on 1 August 2016; (4) List the proceedings for mention at 9:00 am on 25 November 2016 before Campbell J; (5) Costs reserved. Catchwords: ADMINISTRATIVE LAW– contempt proceedings from judgment enforcing decision of the NCAT – where question of validity of judgment due to question of jurisdiction of the NCAT – where similar question may be referred to the Court of Appeal PROCEDURE – adjournment of proceedings– where remittal of separate questions to the Court of Appeal– further hearing adjourned until questions determined Legislation Cited: Anti-Discrimination Act 1977 (NSW) – s 114, 49ZT Civil Administrative Tribunal Act 2013 (NSW) – s 54 Judiciary Act 1903 (Cth) – s 78B Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) – r 28.2 Cases Cited: Burns v Corbett [2013] NSWADT 227 Corbett v Burns [2014] NSWCATAP 42 Sunol v Collier (No 2) [2012] NSWCA 44; 289 ALR 128 Sunol v Collier [2012] NSWCA 14; 81 NSWLR 619 Trust Company of Australia Limited v Skiwing Pty Ltd [2006] NSWCA 185; 66 NSWLR 77 Wishart v Frazer [1941] HCA 8; 64 CLR 470 Category: Procedural and other rulings Parties: Gary Burns (Plaintiff) Tess Corbett (Defendant) Representation: Counsel: K Madgwick (Plaintiff) J Loxton(Defendant)