Khoury - V - A C & E Pty Limited (No.1) [1997] NSWEOT

Khoury - V - A C & E Pty Limited (No.1) [1997] NSWEOT

The fresh evidence proposed by the respondent could have been obtained with reasonable diligence prior to the conclusion of the hearing, and in its present form, would not have an important influence on the result as it only goes so far as establishing that the references were composed by the complainant and signed by Mr Madar without agreement or full awareness as to their accuracy. The requirements to re-open the inquiry are not satisfied, and the application is declined.

Jurisdiction
Australia
Judgment Date
08 October 1997
Procedural Posture
Equal Opportunity Tribunal Inquiry / Interlocutory Application for Leave to Re Open Inquiry
Outcome
Application to re-open the inquiry declined.
Legal Topics
['fresh Evidence' 'credibility' 'disability Discrimination' 'procedure']
['anti Discrimination Law'] ['fresh Evidence' 'credibility' 'disability Discrimination' 'procedure']

Case Brief

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Procedural Posture

Equal Opportunity Tribunal Inquiry / Interlocutory Application for Leave to Re Open Inquiry

Legal Issues

  1. 1 ['Whether the inquiry should be re-opened to admit fresh evidence concerning the complainant’s employment history and credibility' 'What weight, if any, should now be attached to disputed references provided by the complainant']

Ratio Decidendi

The fresh evidence proposed by the respondent could have been obtained with reasonable diligence prior to the conclusion of the hearing, and in its present form, would not have an important influence on the result as it only goes so far as establishing that the references were composed by the complainant and signed by Mr Madar without agreement or full awareness as to their accuracy. The requirements to re-open the inquiry are not satisfied, and the application is declined.

Court Disposition

Application to re-open the inquiry declined.

Orders

  • ["Respondent's application for leave to re-open the inquiry is refused."]