Dayton v Woolworths Limited [2005] NSWADT 271

Dayton v Woolworths Limited [2005] NSWADT 271

The applicant was given notice through his solicitor that the matter would be listed for dismissal and was given a reasonable opportunity to prosecute the complaint, including by providing material for the necessary leave application, but failed to appear and failed to comply with the directions. The Tribunal was therefore satisfied that dismissal was warranted under s 107(1) of the Anti-Discrimination Act 1977.

Jurisdiction
Australia
Judgment Date
25 November 2005
Procedural Posture
Disability Discrimination Complaint / Dismissal of Complaint for Want of Prosecution or Abandonment
Outcome
Application dismissed
Legal Topics
['disability Discrimination' 'dismissal of Proceedings' 'want of Prosecution' 'abandonment of Proceedings']
['anti Discrimination Law' 'administrative Law'] ['disability Discrimination' 'dismissal of Proceedings' 'want of Prosecution' 'abandonment of Proceedings']

Case Brief

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Procedural Posture

Disability Discrimination Complaint / Dismissal of Complaint for Want of Prosecution or Abandonment

Legal Issues

  1. 1 ['Whether the Tribunal should dismiss the complaint because the applicant did not wish to proceed, the proceedings were subject to want of prosecution, or the proceedings had been abandoned.' 'Whether the applicant had failed to prosecute the complaint after being given notice that the matter was listed for dismissal and directions to file an application for leave.']

Ratio Decidendi

The applicant was given notice through his solicitor that the matter would be listed for dismissal and was given a reasonable opportunity to prosecute the complaint, including by providing material for the necessary leave application, but failed to appear and failed to comply with the directions. The Tribunal was therefore satisfied that dismissal was warranted under s 107(1) of the Anti-Discrimination Act 1977.

Court Disposition

Application dismissed

Orders

  • ['Orders made 9/09/2005' 'Application dismissed']