Shrayer v Anti-Discrimination Board of NSW [2008] NSWSC 1036

Shrayer v Anti-Discrimination Board of NSW [2008] NSWSC 1036

The proceedings were not maintainable because the Supreme Court had no jurisdiction to entertain an appeal from the President's decision and Pt 50 of the Uniform Civil Procedure Rules did not apply. Treating the matter as judicial review, the plaintiff identified no error of law on the face of the record or jurisdictional error, and the material did not disclose any such error. The President had a statutory discretion to decline a complaint concerning conduct outside the twelve-month period, and delay and prejudice supported the decision.

Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Administrative Law Appeal or Judicial Review / Final Hearing of Supreme Court Proceedings Challenging the President's Decision Declining to Accept a Complaint
Outcome
Proceedings dismissed; plaintiff to pay the costs of the proceedings; exhibit returned.
Legal Topics
['judicial Review' 'discretionary Power' 'out of Time Discrimination Complaint' 'decision of the President of the Anti Discrimination Board Declining to Accept a Complaint']
['administrative Law' 'anti Discrimination Law'] ['judicial Review' 'discretionary Power' 'out of Time Discrimination Complaint' 'decision of the President of the Anti Discrimination Board Declining to Accept a Complaint']

Case Brief

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Procedural Posture

Administrative Law Appeal or Judicial Review / Final Hearing of Supreme Court Proceedings Challenging the President's Decision Declining to Accept a Complaint

Legal Issues

  1. 1 ["Whether the Supreme Court had jurisdiction to allow an appeal from the President's decision declining the complaint." "Whether Pt 50 of the Uniform Civil Procedure Rules applied to the President's decision." 'Whether the decision could be disturbed on judicial review for error of law on the face of the record or jurisdictional error.' "Whether the President's discretion under s 89B of the Anti-Discrimination Act 1977 miscarried in declining a complaint about conduct occurring more than twelve months before the complaint was made."]

Ratio Decidendi

The proceedings were not maintainable because the Supreme Court had no jurisdiction to entertain an appeal from the President's decision and Pt 50 of the Uniform Civil Procedure Rules did not apply. Treating the matter as judicial review, the plaintiff identified no error of law on the face of the record or jurisdictional error, and the material did not disclose any such error. The President had a statutory discretion to decline a complaint concerning conduct outside the twelve-month period, and delay and prejudice supported the decision.

Court Disposition

Proceedings dismissed; plaintiff to pay the costs of the proceedings; exhibit returned.

Orders

  • ['Proceedings are dismissed.' 'The plaintiff is to pay the costs of the proceedings.' 'The exhibit may be returned.']