Rahman v NewSouth Global Ltd (EOD) [2003] NSWADTAP 46

Rahman v NewSouth Global Ltd (EOD) [2003] NSWADTAP 46

The appeal was dismissed because none of the alleged interlocutory errors amounted to an error of law or disclosed bias; proper procedures were followed regarding mediation and representation, relevant documents were produced or their absence explained, and the test for bias was not met.

Parties
Appellant: Mohammad Tabibar Rahman; Respondent: NewSouth Global Ltd
Jurisdiction
Australia
Judgment Date
07 October 2003
Procedural Posture
Appeal / Hearing and Determination of Appeal From Interlocutory Decisions
Outcome
Appeal dismissed
Legal Topics
Bias, Representation, Mediation Referrals, Production of Documents Under Summons, Appeals in Tribunal Proceedings
Administrative Law Anti Discrimination Law Bias Representation Mediation Referrals Production of Documents Under Summons Appeals in Tribunal Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Mohammad Tabibar Rahman

Appellant

NewSouth Global Ltd

Respondent

Procedural Posture

Appeal / Hearing and Determination of Appeal From Interlocutory Decisions

Legal Issues

  1. 1 Whether the Tribunal erred in refusing an adjournment
  2. 2 Whether referral to mediation without consent was improper or a ground of bias
  3. 3 Whether representation of NewSouth Global Ltd by Ms Carol Kirby was improper

Ratio Decidendi

The appeal was dismissed because none of the alleged interlocutory errors amounted to an error of law or disclosed bias; proper procedures were followed regarding mediation and representation, relevant documents were produced or their absence explained, and the test for bias was not met.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed