Sebastian v Rail Infrastructure Corporation; Sebastian v State Rail Authority of NSW; Sebastian v Rail Infrastructure Corporation (No 2) [2006] NSWADT 317

Sebastian v Rail Infrastructure Corporation; Sebastian v State Rail Authority of NSW; Sebastian v Rail Infrastructure Corporation (No 2) [2006] NSWADT 317

Ms Sharp's affidavit and annexures satisfied the Tribunal that the respondents had sent cheques totalling the settlement sum to the applicant and had complied with Paragraph 3 of the 'Principles of Agreement' by informing him that the RailCorp Lantern Test was available and providing contact details. As the applicant filed no material in response, the respondents were entitled to orders dismissing the complaints.

Jurisdiction
Australia
Judgment Date
09 November 2006
Procedural Posture
Disability Discrimination Complaints in Work / Principal Matter; on the Papers; Respondents Sought Dismissal After Asserted Compliance With Settlement Related Orders
Outcome
Complaints dismissed.
Legal Topics
['disability Discrimination in Work' 'settlement Agreement' 'dismissal of Complaints' 'interlocutory Decisions and Leave to Appeal']
['anti Discrimination Law' 'administrative Law'] ['disability Discrimination in Work' 'settlement Agreement' 'dismissal of Complaints' 'interlocutory Decisions and Leave to Appeal']

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Procedural Posture

Disability Discrimination Complaints in Work / Principal Matter; on the Papers; Respondents Sought Dismissal After Asserted Compliance With Settlement Related Orders

Legal Issues

  1. 1 ["Whether the respondents had paid the settlement sum to the applicant as required by the Tribunal's orders made on 5 December 2005." "Whether the respondents had complied with Paragraph 3 of the 'Principles of Agreement'." 'Whether the three complaints should be dismissed.']

Ratio Decidendi

Ms Sharp's affidavit and annexures satisfied the Tribunal that the respondents had sent cheques totalling the settlement sum to the applicant and had complied with Paragraph 3 of the 'Principles of Agreement' by informing him that the RailCorp Lantern Test was available and providing contact details. As the applicant filed no material in response, the respondents were entitled to orders dismissing the complaints.

Court Disposition

Complaints dismissed.

Orders

  • ['Sebastian v Rail Infrastructure Corporation (file no: 041071): Complaint dismissed.' 'Sebastian v State Rail Authority of NSW (file no: 041080): Complaint dismissed.' 'Sebastian v Rail Infrastructure Corporation (file no: 051070): Complaint dismissed.']