Crewdson -v- Niland & Ors (EOD) [2002] NSWADTAP 5

Crewdson -v- Niland & Ors (EOD) [2002] NSWADTAP 5

The Appeal Panel held that the Tribunal made no appealable error in refusing the adjournments, because it considered the Appellant's circumstances and acted within the proper bounds of discretionary decision making. The Tribunal's procedural rulings and refusal to adjourn did not establish actual or apprehended bias. Section 111(1) of the Anti Discrimination Act 1977 was broad enough to permit dismissal where, for want of prosecution, the complaint should not be entertained; the Appellant's tactical attempt to withdraw the complaint and refusal to proceed justified dismissal in the circumstances.

Jurisdiction
Australia
Judgment Date
04 March 2002
Procedural Posture
Appeal Against Dismissal of Complaint Under S 111(1) of the Anti Discrimination Act 1977 and Interlocutory Refusals of Adjournment / Appeal Panel Decision
Outcome
Appeal dismissed.
Legal Topics
['victimisation Complaint' 'dismissal of Complaint' 'adjournment' 'judicial Discretion' 'bias' 'want of Prosecution' 'unrepresented Litigant']
['anti Discrimination Law' 'administrative Law' 'civil Procedure'] ['victimisation Complaint' 'dismissal of Complaint' 'adjournment' 'judicial Discretion' 'bias' 'want of Prosecution' 'unrepresented Litigant']

Case Brief

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Procedural Posture

Appeal Against Dismissal of Complaint Under S 111(1) of the Anti Discrimination Act 1977 and Interlocutory Refusals of Adjournment / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred in law in refusing the Appellant's adjournment applications of 1 May and 17 May 2001." 'Whether the Tribunal should have disqualified itself for actual bias or apprehended bias.' 'Whether the Tribunal erred in dismissing the complaint for want of prosecution under s 111(1) of the Anti Discrimination Act 1977.' 'Whether the phrase "for any other reason the complaint should not be entertained" in s 111(1) was broad enough to include want of prosecution.']

Ratio Decidendi

The Appeal Panel held that the Tribunal made no appealable error in refusing the adjournments, because it considered the Appellant's circumstances and acted within the proper bounds of discretionary decision making. The Tribunal's procedural rulings and refusal to adjourn did not establish actual or apprehended bias. Section 111(1) of the Anti Discrimination Act 1977 was broad enough to permit dismissal where, for want of prosecution, the complaint should not be entertained; the Appellant's tactical attempt to withdraw the complaint and refusal to proceed justified dismissal in the circumstances.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']