Southey v Australian Press Council [2020] NSWCATAD 241

Southey v Australian Press Council [2020] NSWCATAD 241

The applicant failed to establish that the respondent disclosed her confidential information to The Australian newspaper, nor was there evidence that any disclosure—if it occurred—was made because she had complained about discrimination. Therefore, the complaint lacked substance and leave to proceed was refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Leave to Proceed With Complaint
Outcome
Leave for the complaint to proceed is refused.
Legal Topics
['victimisation' 'causation' 'complaint Process' 'leave to Proceed']
['equal Opportunity Law' 'administrative Law'] ['victimisation' 'causation' 'complaint Process' 'leave to Proceed']

Source-derived case record

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Application for Leave to Proceed With Complaint

Legal Issues

  1. 1 ['Whether the applicant was victimised by the respondent under s 50 of the Anti-Discrimination Act 1977 (NSW)' 'Whether leave should be granted to proceed with the complaint under s 96 of the Anti-Discrimination Act 1977 (NSW)']

Ratio Decidendi

The applicant failed to establish that the respondent disclosed her confidential information to The Australian newspaper, nor was there evidence that any disclosure—if it occurred—was made because she had complained about discrimination. Therefore, the complaint lacked substance and leave to proceed was refused.

Court Disposition

Leave for the complaint to proceed is refused.

Orders

  • ['Leave for the complaint to proceed is refused.']