Grass v McIntosh [2024] NSWCATAD 224

The Tribunal found the respondents did not fail to comply with Orders 1 and 3, that the requirements of s 108(7) of the Anti-Discrimination Act 1977 (NSW) were not met for damages, and that the application for miscellaneous matters lacked jurisdiction due to procedural defects. The Tribunal refused the substantive claim for damages and enforcement.

Jurisdiction: Australia
Judgment Date: 06 August 2024
Procedural Posture: Administrative Application – Miscellaneous Matters / Final Determination
Outcome: Application dismissed
Legal Topics: ['victimisation' 'damages' 'compliance With Tribunal Orders']

['human Rights' 'anti Discrimination Law' 'administrative Law'] ['victimisation' 'damages' 'compliance With Tribunal Orders']

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Procedural Posture

Administrative Application – Miscellaneous Matters / Final Determination

Legal Issues

1 ['Whether the respondents contravened Tribunal orders from Grass v McIntosh, Leong and Auyeng [2023] NSWCATAD 258' 'Whether the Tribunal can make an order for damages under s 108(7) of the Anti-Discrimination Act 1977 (NSW) after final orders' "Whether respondents' conduct constituted continued victimisation under the Anti-Discrimination Act 1977 (NSW)"]

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The application for miscellaneous matters filed by the applicant on 13 February 2024 is refused.']