Goldsteen v TCI Bondi Junction Pty Ltd (In Liq) (No 2) [2018] NSWCATAD 281

Goldsteen v TCI Bondi Junction Pty Ltd (In Liq) (No 2) [2018] NSWCATAD 281

The Tribunal held that the additional conduct complained of by the applicant is connected to the original complaint, occurred after the original complaint was made, and its inclusion by amendment is in the interests of a full resolution and avoidance of duplicative proceedings; no sufficient basis was shown for refusing leave, nor did the respondent establish that the proposed amendment was futile or fell within any grounds for declinature. Therefore, the application to amend the complaint is granted.

Parties
Applicant: Sarah Goldsteen; First Respondent: TCI Bondi Junction Pty Ltd (in liq); Second Respondent: Babak Moini
Jurisdiction
Australia
Judgment Date
04 December 2018
Procedural Posture
Anti Discrimination/employment Complaint / Interlocutory Ruling on Application to Amend Complaint
Outcome
Application to amend complaint granted; directions for further conduct made
Legal Topics
Discrimination in Employment, Amendment of Complaint, Sex Discrimination, Carer's Responsibility, Victimisation
Human Rights Anti Discrimination Law Employment Law Discrimination in Employment Amendment of Complaint Sex Discrimination Carer's Responsibility Victimisation

Case Brief

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Parties

Sarah Goldsteen

Applicant

TCI Bondi Junction Pty Ltd (in liq)

First Respondent

Babak Moini

Second Respondent

Procedural Posture

Anti Discrimination/employment Complaint / Interlocutory Ruling on Application to Amend Complaint

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend the anti-discrimination complaint to include additional conduct occurring after the original complaint was made
  2. 2 Whether the additional conduct forms part of a course of discriminatory conduct under the Anti-Discrimination Act 1977
  3. 3 Whether the Tribunal should exercise its discretion under s 103 of the Anti-Discrimination Act 1977 to permit the amendment

Ratio Decidendi

The Tribunal held that the additional conduct complained of by the applicant is connected to the original complaint, occurred after the original complaint was made, and its inclusion by amendment is in the interests of a full resolution and avoidance of duplicative proceedings; no sufficient basis was shown for refusing leave, nor did the respondent establish that the proposed amendment was futile or fell within any grounds for declinature. Therefore, the application to amend the complaint is granted.

Court Disposition

Application to amend complaint granted; directions for further conduct made

Orders

  • The application to amend the Complaint referred to the Tribunal by the President of the Anti-Discrimination Board is granted.
  • The Applicant is to file and serve the Amended Complaint and Amended Points of Claim, the evidence including witness statements on which she intends to rely, and submissions, on or before 19 January 2019.