Mitchell v Clayton Utz and Ors (No 2)[ [2010] NSWADT 59

Mitchell v Clayton Utz and Ors (No 2)[ [2010] NSWADT 59

There was an inconsistency between the reasons and the terms of the order regarding use of 'trench' or 'trench coat'. The order should be corrected to grant leave only for those allegations involving such terms when accompanied by conduct of a sexual nature.

Jurisdiction
Australia
Judgment Date
26 February 2010
Procedural Posture
Application to Correct Decision / Post Substantive Decision; Correction Under S 87 Administrative Decisions Tribunal Act 1997
Outcome
Correction of order granted
Legal Topics
['sexual Harassment' 'correction of Decisions' 'leave to Proceed']
['anti Discrimination' 'administrative Law'] ['sexual Harassment' 'correction of Decisions' 'leave to Proceed']

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Procedural Posture

Application to Correct Decision / Post Substantive Decision; Correction Under S 87 Administrative Decisions Tribunal Act 1997

Legal Issues

  1. 1 ["Whether there was an inconsistency between the Tribunal's previous reasons and the orders made regarding leave to proceed for sexual harassment complaints." 'Whether the order should be corrected under s 87 of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

There was an inconsistency between the reasons and the terms of the order regarding use of 'trench' or 'trench coat'. The order should be corrected to grant leave only for those allegations involving such terms when accompanied by conduct of a sexual nature.

Court Disposition

Correction of order granted

Orders

  • ["The order of 13 October 2009 is corrected by adding: 'except for (i) allegations that Mr Williams or Mr Taylor called Mr Mitchell 'trench' or 'trench coat' unless that conduct was accompanied by conduct of a sexual nature ; (ii) the comment alleged to have been made by Mr Williams that 'solicitors could take...