CQP v The Trustee for McPickelway Unit Trust [2017] NSWCATAD 314

CQP v The Trustee for McPickelway Unit Trust [2017] NSWCATAD 314

The Terms of Settlement, construed as a whole and objectively, unambiguously released the Hotel from claims connected with the complaint and entitled the Hotel to rely on those releases and discharges as a bar to any claim by CQP. CQP was precluded from continuing with or reinstating the complaint, so the complaint was dismissed under s 102 of the Anti-Discrimination Act 1977 (NSW) for "any other reason". Because the complaint had been dismissed, it could not be amended to add the alleged 22 April 2017 incident. Time to request written reasons was extended because CQP did not know she was entitled to reasons, was unrepresented at the time, later obtained pro bono solicitors, and there was...

Jurisdiction
Australia
Judgment Date
20 June 2017
Procedural Posture
Race Discrimination Complaint Under the Anti Discrimination Act 1977 (nsw) / Preliminary Hearing; Request for Written Reasons
Outcome
The time for requesting written reasons was extended to 19 October 2017. The complaint had been dismissed under s 102 of the Anti-Discrimination Act 1977 (NSW) for "any other reason", and the application to amend the complaint was refused.
Legal Topics
['race Discrimination Complaint' 'dismissal for Any Other Reason' 'terms of Settlement' 'release and Discharge' 'amendment of Complaint' 'extension of Time for Written Reasons']
['administrative Law' 'anti Discrimination Law' 'practice and Procedure' 'contract Law'] ['race Discrimination Complaint' 'dismissal for Any Other Reason' 'terms of Settlement' 'release and Discharge' 'amendment of Complaint' 'extension of Time for Written Reasons']

Case Brief

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Procedural Posture

Race Discrimination Complaint Under the Anti Discrimination Act 1977 (nsw) / Preliminary Hearing; Request for Written Reasons

Legal Issues

  1. 1 ['Whether the race discrimination complaint should be dismissed for "any other reason" because the parties signed Terms of Settlement containing releases and discharges.' 'Whether CQP could continue with or reinstate the complaint after signing the Terms of Settlement and advising the Tribunal that the matter had resolved.' 'Whether the dismissed complaint could be amended to add an alleged incident on 22 April 2017.' 'Whether time should be extended for CQP to request written reasons.']

Ratio Decidendi

The Terms of Settlement, construed as a whole and objectively, unambiguously released the Hotel from claims connected with the complaint and entitled the Hotel to rely on those releases and discharges as a bar to any claim by CQP. CQP was precluded from continuing with or reinstating the complaint, so the complaint was dismissed under s 102 of the Anti-Discrimination Act 1977 (NSW) for "any other reason". Because the complaint had been dismissed, it could not be amended to add the alleged 22 April 2017 incident. Time to request written reasons was extended because CQP did not know she was entitled to reasons, was unrepresented at the time, later obtained pro bono solicitors, and there was...

Court Disposition

The time for requesting written reasons was extended to 19 October 2017. The complaint had been dismissed under s 102 of the Anti-Discrimination Act 1977 (NSW) for "any other reason", and the application to amend the complaint was refused.

Orders

  • ['The time for requesting written reasons is extended to 19 October 2017.' 'The complaint of race discrimination is dismissed under section 102 of the Anti-Discrimination Act 1977 for "any other reason". The reason is that the proceedings have settled and the applicant has signed terms of settlement including a...