Burns v Corbett; Gaynor v Burns [2017] NSWCA 3

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 Hearing dates: 30 November 2016 Decision date: 03 February 2017 Before: Bathurst CJ at [1]; Beazley P at [2]; Leeming JA at [3] Decision: In Burns v Corbett (proceeding 2016/224875):

1. Reformulate question 3 referred to this Court, and answer questions 1, 2 and 3 as follows:

"(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? No.

(b) Did the Appeals Panel of the NSW Civil and Administrative Tribunal have jurisdiction to resolve the said complaint? No.

(c) Having regard to the answers to (a) and (b), are the orders that appear in the document headed 'Judgment/Order' entered on 23 October 2015 in matter no 2014/00270109 valid and enforceable against the defendant? No."

2. In the event that Mr Burns or Ms Corbett seeks to contend for an order as to costs in this Court, grant leave to that party to file and serve, within 7 days of today, the order for which he or she contends, and submissions not exceeding 5 pages in support of that order, with the other party to supply submissions in reply 7 days thereafter.

3. Relist the matter at a time to be fixed before the primary judge for directions for the further conduct of the proceeding.

Gaynor v Burns

In each proceeding (2015/251109 and 2016/204768):

1. Declare that NCAT was not authorised to decide the three complaints made by Mr Burns concerning Mr Gaynor which were referred to it by the President of the Anti-Discrimination Board by letter dated 11 July 2014.