Burns v Gaynor [2015] NSWCATAD 77

Burns v Gaynor [2015] NSWCATAD 77

The just, quick and cheap consideration of the issues was best achieved by proceeding with the hearing of the first matter on 1 April 2015 rather than consolidating it with the second matter. The respondent's reasons for consolidation were either not relevant to consolidation, speculative, or matters that could be raised in the hearing of the first matter if properly pleaded. Determination of the first matter could guide resolution of the remaining complaints, while consolidation would further delay the proceedings.

Jurisdiction
Australia
Judgment Date
26 March 2012
Procedural Posture
Homosexual Vilification Complaints; Interlocutory Application for Consolidation / Ex Tempore Procedural Ruling on the Respondent's Application to Consolidate Proceedings 1410372 and 1410625
Outcome
The respondent's application for consolidation was refused.
Legal Topics
['homosexual Vilification' 'consolidation of Proceedings' 'tribunal Discretion' 'just, Quick and Cheap Resolution' 'case Management']
['anti Discrimination Law' 'civil Procedure'] ['homosexual Vilification' 'consolidation of Proceedings' 'tribunal Discretion' 'just, Quick and Cheap Resolution' 'case Management']

Case Brief

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Procedural Posture

Homosexual Vilification Complaints; Interlocutory Application for Consolidation / Ex Tempore Procedural Ruling on the Respondent's Application to Consolidate Proceedings 1410372 and 1410625

Legal Issues

  1. 1 ['Whether two complaints or groups of complaints of homosexual vilification should be dealt with in the same proceedings under s 100 of the Anti-Discrimination Act 1977 (NSW).' 'Whether consolidation would facilitate the just, quick and cheap resolution of the real issues in the proceedings.' 'Whether the matters relied on by the respondent, including pending appeal issues, mediation, the conduct of the President of the Anti-Discrimination Board and post-publication conduct, justified consolidation.']

Ratio Decidendi

The just, quick and cheap consideration of the issues was best achieved by proceeding with the hearing of the first matter on 1 April 2015 rather than consolidating it with the second matter. The respondent's reasons for consolidation were either not relevant to consolidation, speculative, or matters that could be raised in the hearing of the first matter if properly pleaded. Determination of the first matter could guide resolution of the remaining complaints, while consolidation would further delay the proceedings.

Court Disposition

The respondent's application for consolidation was refused.

Orders

  • ["The respondent's application for proceedings 1410372 and 1410625 be consolidated is refused."]