Mitchell v Clayton Utz (No 3) [2010] NSWADT 100

Mitchell v Clayton Utz (No 3) [2010] NSWADT 100

The Tribunal refused to amend the complaint. Although the aiding and abetting amendment was timely and related to sexual harassment complaints before the Tribunal, there was no tangible benefit to Mr Mitchell in adding Mr Robinson and Ms Goumenis because the alleged perpetrators and Clayton Utz could already be liable and no extra damages could be awarded, while adding them would cause serious prejudice. The proposed victimisation complaint against Mr Fuzi and Clayton Utz was an entirely new re-characterisation of facts previously framed as disability and sex discrimination, no related complaint was before the Tribunal, Mr Mitchell had ample opportunity to raise victimisation before the...

Jurisdiction
Australia
Judgment Date
21 April 2010
Procedural Posture
Equal Opportunity Complaint Under the Anti Discrimination Act 1977 / Application to Amend Complaint, Determined on the Papers
Outcome
Application to amend complaint refused.
Legal Topics
['amendment of Complaint' 'sexual Harassment' 'disability Discrimination' 'victimisation' 'aiding and Abetting' 'contributory Liability' 'vicarious Liability']
['equal Opportunity' 'anti Discrimination' 'employment Discrimination'] ['amendment of Complaint' 'sexual Harassment' 'disability Discrimination' 'victimisation' 'aiding and Abetting' 'contributory Liability' 'vicarious Liability']

Case Brief

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Procedural Posture

Equal Opportunity Complaint Under the Anti Discrimination Act 1977 / Application to Amend Complaint, Determined on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal should exercise its discretion under s 103 of the Anti-Discrimination Act 1977 to amend the complaint to add complaints of aiding and abetting against Mr Trevor Robinson and Ms Sonia Goumenis.' 'Whether the Tribunal should exercise its discretion under s 103 of the Anti-Discrimination Act 1977 to amend the complaint to add complaints of victimisation against Mr Grant Fuzi and Clayton Utz.']

Ratio Decidendi

The Tribunal refused to amend the complaint. Although the aiding and abetting amendment was timely and related to sexual harassment complaints before the Tribunal, there was no tangible benefit to Mr Mitchell in adding Mr Robinson and Ms Goumenis because the alleged perpetrators and Clayton Utz could already be liable and no extra damages could be awarded, while adding them would cause serious prejudice. The proposed victimisation complaint against Mr Fuzi and Clayton Utz was an entirely new re-characterisation of facts previously framed as disability and sex discrimination, no related complaint was before the Tribunal, Mr Mitchell had ample opportunity to raise victimisation before the...

Court Disposition

Application to amend complaint refused.

Orders

  • ["Mr Mitchell's application to amend his complaint to add complaints of: a) 'aiding and abetting' against Mr Trevor Robinson and Ms Sonia Goumenis; and b) victimisation against Mr Grant Fuzi and Clayton Utz is refused."]