McCoy v Chandler (No 2) [2009] NSWADT 214

McCoy v Chandler (No 2) [2009] NSWADT 214

The Tribunal continued to have jurisdiction because the parties did not intend the matter to be resolved unless and until a deed of release was entered into, no deed of release had been entered into, both parties submitted that the matter was not resolved, and the respondent's later conduct showed he did not regard himself as bound to pay the agreed amounts.

Jurisdiction
Australia
Judgment Date
12 August 2009
Procedural Posture
Complaint of Victimisation Under the Anti Discrimination Act 1977 / Decision on Whether the Tribunal Continued to Have Jurisdiction After an Asserted Settlement
Outcome
The Tribunal found that it continued to have jurisdiction to deal with Ms McCoy's complaint of victimisation.
Legal Topics
['victimisation Complaint' 'tribunal Jurisdiction' 'settlement Agreement' 'deed of Release' 'masters V Cameron Categories']
['anti Discrimination Law' 'administrative Law' 'contract Law'] ['victimisation Complaint' 'tribunal Jurisdiction' 'settlement Agreement' 'deed of Release' 'masters V Cameron Categories']

Case Brief

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Procedural Posture

Complaint of Victimisation Under the Anti Discrimination Act 1977 / Decision on Whether the Tribunal Continued to Have Jurisdiction After an Asserted Settlement

Legal Issues

  1. 1 ['Whether the parties had resolved the proceedings on 7 November 2008 so that the Tribunal no longer had jurisdiction to hear the complaint.' 'Whether the parties intended to be bound before execution of a deed of release.']

Ratio Decidendi

The Tribunal continued to have jurisdiction because the parties did not intend the matter to be resolved unless and until a deed of release was entered into, no deed of release had been entered into, both parties submitted that the matter was not resolved, and the respondent's later conduct showed he did not regard himself as bound to pay the agreed amounts.

Court Disposition

The Tribunal found that it continued to have jurisdiction to deal with Ms McCoy's complaint of victimisation.

Orders

  • ['Matter referred to the Tribunal for determination of the complaint of victimisation.' "The Tribunal continues to have jurisdiction in the matter to deal with Ms McCoy's complaint of victimisation."]