Burns v Sunol [2018] NSWCATAD 109

Burns v Sunol [2018] NSWCATAD 109

The Tribunal found that the respondent's publication of material scandalising the Tribunal and continued failure to comply with its orders constitutes conduct capable of amounting to contempt, and that sufficient evidence supports referral to the Supreme Court for determination under section 73(5) of the Civil and Administrative Tribunal Act.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Application for Referral to Supreme Court for Determination of Contempt / Final Orders by Tribunal Referring Matters to Supreme Court
Outcome
Referral to Supreme Court for determination of contempt allegations and conduct found capable or appearing to constitute contempt.
Legal Topics
['contempt of Tribunal' 'referral to Supreme Court' 'failure to Comply With Tribunal Orders' 'scandalising the Tribunal']
['administrative Law' 'equal Opportunity Law'] ['contempt of Tribunal' 'referral to Supreme Court' 'failure to Comply With Tribunal Orders' 'scandalising the Tribunal']

Case Brief

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Procedural Posture

Application for Referral to Supreme Court for Determination of Contempt / Final Orders by Tribunal Referring Matters to Supreme Court

Legal Issues

  1. 1 ['Whether conduct of the respondent is capable of constituting contempt of the Tribunal' "Whether respondent's failure to comply with Tribunal orders constitutes contempt" 'Principles relevant to referral of contempt to Supreme Court']

Ratio Decidendi

The Tribunal found that the respondent's publication of material scandalising the Tribunal and continued failure to comply with its orders constitutes conduct capable of amounting to contempt, and that sufficient evidence supports referral to the Supreme Court for determination under section 73(5) of the Civil and Administrative Tribunal Act.

Court Disposition

Referral to Supreme Court for determination of contempt allegations and conduct found capable or appearing to constitute contempt.

Orders

  • ['Referral to Supreme Court of NSW for determination of allegation that respondent is guilty of contempt constituted by publication of material in [7], [8], and [9] in Burns v Sunol [2018] NSWCATAD 78.' "Referral to Supreme Court for determination of respondent's conduct appearing to constitute contempt: publication...