Trad v Jones (No. 2) [2009] NSWADT 206

Trad v Jones (No. 2) [2009] NSWADT 206

Leave to amend the Points of Claim is granted to permit the applicant to insert the proposed paragraph, as it brings the real issues in dispute before the Tribunal with no fatal prejudice to the respondents, bearing in mind the public significance of the issues, lack of evidence heard, and capacity to address any prejudice by further procedural orders.

Jurisdiction
Australia
Judgment Date
04 August 2009
Procedural Posture
Administrative/equal Opportunity Tribunal Proceedings / Interlocutory Decision—application for Leave to Amend Pleadings and Application for Summons
Outcome
Leave to amend Points of Claim in respect of paragraph [25] granted; further amendments to be considered at later hearing; application for summons refused.
Legal Topics
['amendment of Pleadings' 'scope of Complaint' 'issuing of Summons' 'racial Vilification']
['anti Discrimination Law' 'administrative Law'] ['amendment of Pleadings' 'scope of Complaint' 'issuing of Summons' 'racial Vilification']

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Procedural Posture

Administrative/equal Opportunity Tribunal Proceedings / Interlocutory Decision—application for Leave to Amend Pleadings and Application for Summons

Legal Issues

  1. 1 ["Whether applicant should be granted leave to amend Points of Claim to include specific reference to 'Lebanese Muslims' as the vilified group" 'Whether respondents should be permitted to issue a summons to the Lebanese Moslem Association']

Ratio Decidendi

Leave to amend the Points of Claim is granted to permit the applicant to insert the proposed paragraph, as it brings the real issues in dispute before the Tribunal with no fatal prejudice to the respondents, bearing in mind the public significance of the issues, lack of evidence heard, and capacity to address any prejudice by further procedural orders.

Court Disposition

Leave to amend Points of Claim in respect of paragraph [25] granted; further amendments to be considered at later hearing; application for summons refused.

Orders

  • ['Leave is granted to the Applicant to amend his Points of Claim by inserting paragraph [25] of the Second Further Amended Points of Claim filed on 29 June 2009.' 'The application regarding other amendments will be determined at hearing on 6 August 2009.' 'Leave to issue Summons on the Lebanese Moslem Association is...