Kitoko v Sydney Local Health District [2018] NSWSC 1461

Supreme Court New South Wales

Medium Neutral Citation: Kitoko v Sydney Local Health District [2018] NSWSC 1461 Hearing dates: 29 August 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Common Law Before: Lonergan J Decision: 1. Leave to appeal is refused.

2. The plaintiff is to pay the defendant's costs. Catchwords: APPEALS – appeal from the New South Wales Civil and Administrative Tribunal Appeal Panel – whether question of law – principles governing ground of leave to appeal – whether the appeal panel erred in law in failing to provide procedural fairness or "partiality" – plaintiff failed to establish proper basis for grant of leave to appeal – leave to appeal refused Legislation Cited: Anti-Discrimination Act 1977 (NSW) ss 92, 93C, 102 Civil and Administrative Tribunal Act 2013 (NSW) ss 80, 83 Uniform Civil Procedure Rules 2005 (NSW) Pt 50 Cases Cited: Kitoko v Sydney Local Health District [2017] NSWCATAD 209 Symes v Mick Fabar Constructions Pty Ltd [2015] NSWSC 1922 Texts Cited: International Covenant on Civil and Political Rights 999 UNTS 171 art 14 Category: Principal judgment Parties: Vangu Kitoko (Plaintiff) Sydney Local Health District (Defendant) Representation: Counsel: Plaintiff in person R Perla (Defendant)

Solicitors: McCabe Curwood Lawyers (Defendant) File Number(s): 2018/79601 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Appeal Panel Citation: [2018] NSWCATAP 38 Date of Decision: 6 February 2018 Before: K Rosser, Principal MemberS Frost, Senior Member File Number(s): AP 17/43852