Ekermawi v Harbour Radio Pty Ltd trading as 2GB Radio [2008] NSWADT 49

Ekermawi v Harbour Radio Pty Ltd trading as 2GB Radio [2008] NSWADT 49

The Tribunal dismissed the complaint on the erroneous assumption that Mr Ekermawi had abandoned it or that it was subject to want of prosecution. Because relevant information about his request for listing after 15 July 2007 was not before the Tribunal, the Tribunal failed to discharge its functions properly and denied procedural fairness. The dismissal was a nullity, and in the interests of justice the complaint should be revived.

Jurisdiction
Australia
Judgment Date
07 February 2008
Procedural Posture
Preliminary Matter in Equal Opportunity Division Complaint of Racial Vilification / On the Papers; Leave to Re Open or Revive Complaint After Dismissal
Outcome
Complaint revived.
Legal Topics
['racial Vilification' 'revival of Dismissed Complaint' 'want of Prosecution' 'abandonment' 'procedural Fairness' 'functus Officio']
['anti Discrimination Law' 'administrative Law'] ['racial Vilification' 'revival of Dismissed Complaint' 'want of Prosecution' 'abandonment' 'procedural Fairness' 'functus Officio']

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Procedural Posture

Preliminary Matter in Equal Opportunity Division Complaint of Racial Vilification / On the Papers; Leave to Re Open or Revive Complaint After Dismissal

Legal Issues

  1. 1 ["Whether Mr Ekermawi's complaint should be revived after being dismissed under section 107 of the Anti Discrimination Act 1977." "Whether the Tribunal's dismissal decision was properly made where the Tribunal acted on the assumption that the complaint had been abandoned or was subject to want of prosecution." 'Whether the Tribunal could revisit an administrative procedural decision where procedural fairness had been denied.']

Ratio Decidendi

The Tribunal dismissed the complaint on the erroneous assumption that Mr Ekermawi had abandoned it or that it was subject to want of prosecution. Because relevant information about his request for listing after 15 July 2007 was not before the Tribunal, the Tribunal failed to discharge its functions properly and denied procedural fairness. The dismissal was a nullity, and in the interests of justice the complaint should be revived.

Court Disposition

Complaint revived.

Orders

  • ["Mr Ekermawi's complaint of racial vilification against Harbour Radio Pty Ltd trading as 2GB Radio is revived."]