CQP v The Trustee for McPickelway Unit Trust [2017] NSWCATAD 314

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CQP v The Trustee for McPickelway Unit Trust [2017] NSWCATAD 314 Hearing dates: 20 June 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: The time for requesting written reasons is extended to 19 October 2017. Catchwords: PRACTICE AND PROCEDURE – dismissal of race discrimination complaint for "any other reason" – where applicant had signed Terms of Settlement and withdrawn complaint – where applicant changed her mind and decided not to withdraw complaint and to apply for complaint to be amended – where respondent relied on the releases and discharges made by the applicant as a bar to continuing with the complaint - whether complaint should be dismissed for "any other reason" – whether complaint, once dismissed, could be amended Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Anti-Discrimination Act 1977 (NSW) Cases Cited: Bank of Credit and Commerce International SA v Ali [2001] 1 AC 251 Chi v Coles Supermarket Australia Pty Limited [2006] NSWADTAP 3 Grant v John Grant & Sons Pty Ltd [1954] HCA 23 Karem v ANZ Banking Group Ltd [2001] NSWSC 709 Matthews v Hargraves (No 4) [2013] FMCA 4 Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 Sebastian v Rail Infrastructure Corporation and Ors [2005] NSWADT 281 Category: Procedural and other rulings Parties: CQP (Applicant) The Trustee for McPickelway Unit Trust (Respondent) Representation: Applicant (self-represented)