DVA v University of Sydney [2019] NSWCATAD 59

DVA v University of Sydney [2019] NSWCATAD 59

DVA failed to file submissions in support of her application for leave despite a timetable, an offered extension, and notice that the Tribunal would determine the matter after the timetable expired. Having afforded DVA procedural fairness and opportunities to put her case orally and in writing, the Tribunal balanced her interest in the matter and her position as an unrepresented litigant against efficient case management and concluded that the interests of justice required termination. There had been a want of prosecution within s 55(1)(d) of the Civil and Administrative Tribunal Act 2013, so the application for leave was dismissed.

Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Application for Leave to Proceed With a Complaint of Race and Sex Discrimination and Victimisation in the Area of Education / Determination of Application for Leave; Respondent Sought Dismissal for Want of Prosecution
Outcome
Application for leave dismissed for want of prosecution under section 55(1)(d) of the Civil and Administrative Tribunal Act 2013.
Legal Topics
['leave to Proceed' 'dismissal for Want of Prosecution' 'race Discrimination' 'sex Discrimination' 'victimisation' 'education' 'publication Restriction']
['anti Discrimination' 'administrative Law' 'civil Procedure'] ['leave to Proceed' 'dismissal for Want of Prosecution' 'race Discrimination' 'sex Discrimination' 'victimisation' 'education' 'publication Restriction']

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Procedural Posture

Application for Leave to Proceed With a Complaint of Race and Sex Discrimination and Victimisation in the Area of Education / Determination of Application for Leave; Respondent Sought Dismissal for Want of Prosecution

Legal Issues

  1. 1 ['Whether leave should be granted under s 96 of the Anti-Discrimination Act 1977 (NSW) for the complaint to proceed in the Tribunal.' 'Whether the proceedings should be dismissed for want of prosecution under section 55(1)(d) of the Civil and Administrative Tribunal Act 2013.' 'Whether the applicant had been accorded procedural fairness and a reasonable opportunity to be heard before dismissal.']

Ratio Decidendi

DVA failed to file submissions in support of her application for leave despite a timetable, an offered extension, and notice that the Tribunal would determine the matter after the timetable expired. Having afforded DVA procedural fairness and opportunities to put her case orally and in writing, the Tribunal balanced her interest in the matter and her position as an unrepresented litigant against efficient case management and concluded that the interests of justice required termination. There had been a want of prosecution within s 55(1)(d) of the Civil and Administrative Tribunal Act 2013, so the application for leave was dismissed.

Court Disposition

Application for leave dismissed for want of prosecution under section 55(1)(d) of the Civil and Administrative Tribunal Act 2013.

Orders

  • ['Application dismissed under section 55(1)(d) of the Civil and Administrative Tribunal Act 2013, for want of prosecution.' "The Tribunal orders under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 that publication of the Applicant's name and the name of any staff member of the University of...