Kitoko v Sydney Local Health District [2018] NSWCATAP 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kitoko v Sydney Local Health District [2018] NSWCATAP 38 Hearing dates: 22 January 2018 Date of orders: 06 February 2018 Decision date: 06 February 2018 Jurisdiction: Appeal Panel Before: K Rosser, Principal Member S Frost, Senior Member Decision: 1. The application for an extension of time is refused

2. Leave to appeal is refused

3. The appeal is otherwise dismissed. Catchwords: APPEAL – summary dismissal – extension of time – leave to appeal Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Category: Principal judgment Parties: Vangu Kitoko – Appellant Sydney Local Health District - Respondent Representation: Counsel: Ms L Doust (Respondent)

Appellant – self-represented File Number(s): AP 17/43852 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative & Equal Opportunity Division Citation: [2017] NSWCATAD 209 Date of Decision: 27 June 2017 Before: A Britton, Principal Member F Given, General Member File Number(s): 2016/00377916

reasons for decision

Introduction 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) against a decision made in the Administrative & Equal Opportunity Division of the Tribunal on 27 June 2017, to dismiss Mr Kitoko's complaint under the Anti-Discrimination Act 1977 (NSW) (the AD Act). 2. At the hearing of the appeal, Mr Kitoko was self-represented. Ms Doust of Counsel appeared for Sydney Local Health District (SLHD). 3. For the reasons set out below, we have decided to refuse Mr Kitoko's application for an extension of time. Consequently, we have refused his application for leave to appeal and dismissed the appeal.