Citta Hobart Pty Ltd v CawthornCitation:[2022] HCA 16Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:04 May 2022Case Number:H7/2021Read more

Citta Hobart Pty Ltd v CawthornCitation:[2022] HCA 16Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward, Gleeson JJDate:04 May 2022Case Number:H7/2021Read more

The Tribunal was not a 'court of a State' and could not exercise judicial power in matters described in ss 75 and 76 of the Constitution. The defence raised by the appellants was not manifestly hopeless and was sufficient to invoke a matter under the Constitution, depriving the Tribunal of jurisdiction.

Parties
Appellant: Appellants; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
04 May 2022
Procedural Posture
Constitutional Law Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Judicial Power, Jurisdiction of Tribunals, Inconsistency of Laws, Disability Discrimination
Constitutional Law Anti Discrimination Law Judicial Power Jurisdiction of Tribunals Inconsistency of Laws Disability Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Appellant

Respondent

Respondent

Procedural Posture

Constitutional Law Appeal / Judgment

Legal Issues

  1. 1 Whether the Anti-Discrimination Tribunal was exercising judicial power under Chapter III of the Constitution
  2. 2 Whether the Tribunal had jurisdiction to hear and determine the complaint under the State Act
  3. 3 Whether the defence raised by the appellants was sufficient to invoke a matter under ss 76(i) and 76(ii) of the Constitution

Ratio Decidendi

The Tribunal was not a 'court of a State' and could not exercise judicial power in matters described in ss 75 and 76 of the Constitution. The defence raised by the appellants was not manifestly hopeless and was sufficient to invoke a matter under the Constitution, depriving the Tribunal of jurisdiction.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The orders of the Full Court of the Supreme Court of Tasmania are set aside.