Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282

Mr Chalker had a reasonable explanation for delay in complying with Tribunal directions due to self-representation and his medical condition, and there was no particular prejudice to the respondent. The complaint cannot be said to be 'not reasonably arguable'; thus, neither dismissal for want of prosecution nor as lacking in substance is justified.

Parties
Applicant: Greg Chalker; Respondent: Murrays Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Complaint of Disability Discrimination / Application for Summary Dismissal
Outcome
Applications for dismissal denied
Legal Topics
Disability Discrimination, Summary Dismissal, Want of Prosecution, Lacking in Substance
Anti Discrimination Civil Procedure Disability Discrimination Summary Dismissal Want of Prosecution Lacking in Substance

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Parties

Greg Chalker

Applicant

Murrays Australia Pty Ltd

Respondent

Procedural Posture

Complaint of Disability Discrimination / Application for Summary Dismissal

Legal Issues

  1. 1 Whether the complaint should be dismissed for want of prosecution
  2. 2 Whether the complaint should be dismissed as lacking in substance

Ratio Decidendi

Mr Chalker had a reasonable explanation for delay in complying with Tribunal directions due to self-representation and his medical condition, and there was no particular prejudice to the respondent. The complaint cannot be said to be 'not reasonably arguable'; thus, neither dismissal for want of prosecution nor as lacking in substance is justified.

Court Disposition

Applications for dismissal denied

Orders

  • The application for dismissal for want of prosecution is dismissed.
  • The application for dismissal as lacking in substance is dismissed.