Goldsteen v TCI Pty Ltd [2019] NSWCATAD 178

Goldsteen v TCI Pty Ltd [2019] NSWCATAD 178

The application to summarily dismiss the complaint must be refused. Taking the Applicant's case at its highest, the complaint is not frivolous, vexatious, misconceived or lacking in substance, nor does it fail to disclose a contravention of the Act. The Tribunal also retains jurisdiction over the complaint, as the relevant circumstances arose in NSW between NSW residents.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Application to Dismiss Discrimination Complaint / Interlocutory; Decision on Application to Dismiss Complaint
Outcome
Application to dismiss complaint dismissed
Legal Topics
['sex Discrimination' 'pregnancy Discrimination' "carer's Responsibilities Discrimination" 'victimisation' 'aiding and Abetting Discrimination' 'jurisdiction' 'summary Dismissal of Complaints']
['anti Discrimination Law' 'employment Law' 'administrative Law'] ['sex Discrimination' 'pregnancy Discrimination' "carer's Responsibilities Discrimination" 'victimisation' 'aiding and Abetting Discrimination' 'jurisdiction' 'summary Dismissal of Complaints']

Case Brief

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Procedural Posture

Application to Dismiss Discrimination Complaint / Interlocutory; Decision on Application to Dismiss Complaint

Legal Issues

  1. 1 ['Whether Tribunal should dismiss the complaint for want of jurisdiction due to the interstate residence of parties' 'Whether the complaint is frivolous, vexatious, misconceived or lacking in substance' 'Whether the facts as alleged, if proven, would not disclose a contravention of the Act or regulations']

Ratio Decidendi

The application to summarily dismiss the complaint must be refused. Taking the Applicant's case at its highest, the complaint is not frivolous, vexatious, misconceived or lacking in substance, nor does it fail to disclose a contravention of the Act. The Tribunal also retains jurisdiction over the complaint, as the relevant circumstances arose in NSW between NSW residents.

Court Disposition

Application to dismiss complaint dismissed

Orders

  • ["The Respondent's application for orders to dismiss the complaint is dismissed."]