Burns v Corbett [2015] NSWCATAD 188

Burns v Corbett [2015] NSWCATAD 188

The Tribunal's discretion under s 73(5) to refer alleged contempt to the Supreme Court should not be exercised where alternative statutory enforcement remedies under the Anti-Discrimination Act 1977 (NSW), including an extant enforcement process via s 114 and Supreme Court judgment, are available and remain ongoing. Referral is neither necessary nor appropriate when existing Supreme Court proceedings and potential for challenge to underlying orders would be duplicated, inefficient, or risk unfairness; thus the application was dismissed.

Jurisdiction
Australia
Judgment Date
09 September 2015
Procedural Posture
Application for Referral of Alleged Contempt / Decision on Application Under S 73(5) Civil and Administrative Tribunal Act 2013 (nsw)
Outcome
Application dismissed
Legal Topics
['contempt of Tribunal' 'enforcement of Tribunal Orders' 'referral to Supreme Court' 'procedural Fairness']
['administrative Law' 'anti Discrimination Law' 'tribunal Procedure'] ['contempt of Tribunal' 'enforcement of Tribunal Orders' 'referral to Supreme Court' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Referral of Alleged Contempt / Decision on Application Under S 73(5) Civil and Administrative Tribunal Act 2013 (nsw)

Legal Issues

  1. 1 ['Whether the alleged contempt by the respondent should be referred to the Supreme Court under s 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW)' 'Availability and appropriateness of alternative enforcement mechanisms under the Anti-Discrimination Act 1977 (NSW)' 'Effect of existing Supreme Court proceedings and remedies for enforcing tribunal orders' 'Procedural fairness to unrepresented litigant' 'Jurisdictional and constitutional grounds affecting validity of tribunal orders']

Ratio Decidendi

The Tribunal's discretion under s 73(5) to refer alleged contempt to the Supreme Court should not be exercised where alternative statutory enforcement remedies under the Anti-Discrimination Act 1977 (NSW), including an extant enforcement process via s 114 and Supreme Court judgment, are available and remain ongoing. Referral is neither necessary nor appropriate when existing Supreme Court proceedings and potential for challenge to underlying orders would be duplicated, inefficient, or risk unfairness; thus the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application lodged on 30 April 2015 seeking the referral to the Supreme Court under s 73(5) of the alleged contempt by the respondent is dismissed.']