Vye v Secretary, Department of Finance, Services and Innovation [2016] NSWCATAD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vye v Secretary, Department of Finance, Services and Innovation [2016] NSWCATAD 117 Hearing dates: 17 May 2016 Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's name is changed to "Secretary, Department of Finance, Services and Innovation."

(2) Leave is refused for the applicant's complaint to be the subject of proceedings before the Tribunal. Catchwords: PRACTICE AND PROCEDURE – Leave sought for complaint declined under the Anti-Discrimination Act 1977 to proceed – Whether fair and just for leave to be granted – Where applicant has not had an opportunity to question manager and there is no evidence as to the manager's reasons for the treatment of the applicant – Circumstances in which Tribunal may draw inferences – No grounds for drawing inference that any less favourable treatment of the applicant was on the ground of the applicant's age Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Howe v NSW Farmers' Association [2010] NSWADT 101 Dutt v Central Coast Area Health Service [2002] NSWADT 133 State of NSW (NSW Police Force) v Whitfield [2012] NSWADTAP 27 Jones v Dunkel (1959) 101 CLR 298 Category: Procedural and other rulings Parties: Timothy Vye (Applicant) Secretary, Department of Finance, Services and Innovation (Respondent) Representation: Solicitors: Hall Payne Lawyers (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1610215