Simon -V- Dental Board Of New South Wales [1997] NSWEOT

Simon -V- Dental Board Of New South Wales [1997] NSWEOT

Section 111 application to dismiss complaint is denied; merits of claim should be determined at a substantive hearing, particularly given complainant's lack of representation and language difficulties; section 64 Dentists Act 1989 cannot be determined as a defence until close of complainant's case and requires 'good faith' including diligence.

Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Complaint Under the Anti Discrimination Act 1977 / Determination of Section 111 Application (dismissal for Lack of Substance)
Outcome
Section 111 application dismissed; complaint proceeds to substantive hearing
Legal Topics
['race Discrimination' 'goods and Services Provision' 'jurisdiction of Equal Opportunity Tribunal']
['anti Discrimination Law'] ['race Discrimination' 'goods and Services Provision' 'jurisdiction of Equal Opportunity Tribunal']

Case Brief

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Procedural Posture

Complaint Under the Anti Discrimination Act 1977 / Determination of Section 111 Application (dismissal for Lack of Substance)

Legal Issues

  1. 1 ['Whether the Dental Board discriminated against the complainant on the ground of race in provision of goods and services' 'Whether section 64 of the Dentists Act 1989 provides a defence to the claim' 'Whether the complaint is misconceived or lacking in substance']

Ratio Decidendi

Section 111 application to dismiss complaint is denied; merits of claim should be determined at a substantive hearing, particularly given complainant's lack of representation and language difficulties; section 64 Dentists Act 1989 cannot be determined as a defence until close of complainant's case and requires 'good faith' including diligence.

Court Disposition

Section 111 application dismissed; complaint proceeds to substantive hearing

Orders

  • ['Section 111 application dismissed' 'Respondent granted leave to re-list for security for costs application']