Burns v McKee [2015] NSWCATAD 106

Burns v McKee [2015] NSWCATAD 106

Leave to issue the summons was declined because the respondent failed to show that the material sought was relevant or that it was on the cards it would materially assist the respondent's case. The withdrawn complaint had not been formally notified in writing, was withdrawn at an early stage, involved no settlement, consent agreement, consent orders, or determination by the Tribunal or its predecessor, and therefore could not give rise to estoppel or res judicata for the identified purpose of the summons.

Jurisdiction
Australia
Judgment Date
25 March 2015
Procedural Posture
Application to Issue Summons / Case Conference on 25 March 2015; Respondent Sought Leave to File a Summons on the Anti Discrimination Board
Outcome
Leave declined to issue a summons to the Anti-Discrimination Board.
Legal Topics
['issue of Summons' 'relevance' 'legitimate Forensic Purpose' 'anti Discrimination Board Complaints' 'estoppel' 'res Judicata' 'tribunal Jurisdiction']
['administrative Law' 'anti Discrimination Law' 'civil Procedure'] ['issue of Summons' 'relevance' 'legitimate Forensic Purpose' 'anti Discrimination Board Complaints' 'estoppel' 'res Judicata' 'tribunal Jurisdiction']

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Procedural Posture

Application to Issue Summons / Case Conference on 25 March 2015; Respondent Sought Leave to File a Summons on the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether leave should be granted to issue a summons to the Anti-Discrimination Board for documents relating to a withdrawn complaint and the current complaint.' "Whether the documents sought were relevant and had a legitimate forensic purpose such that it was on the cards they would materially assist the respondent's case." "Whether the withdrawn complaint could give rise to estoppel or res judicata affecting the Tribunal's jurisdiction to hear the referred complaint."]

Ratio Decidendi

Leave to issue the summons was declined because the respondent failed to show that the material sought was relevant or that it was on the cards it would materially assist the respondent's case. The withdrawn complaint had not been formally notified in writing, was withdrawn at an early stage, involved no settlement, consent agreement, consent orders, or determination by the Tribunal or its predecessor, and therefore could not give rise to estoppel or res judicata for the identified purpose of the summons.

Court Disposition

Leave declined to issue a summons to the Anti-Discrimination Board.

Orders

  • ['The Tribunal declined to issue the summons.' 'The matter was subsequently listed for hearing.']