Sydney University Postgraduate Representative Assn v Minister for Transport & ors (No 3); Nuevo v Minister for Transport & ors (No 3); Neira v Minister for Transport & ors (No 3) [2006] NSWADT 342

Sydney University Postgraduate Representative Assn v Minister for Transport & ors (No 3); Nuevo v Minister for Transport & ors (No 3); Neira v Minister for Transport & ors (No 3) [2006] NSWADT 342

Because the amendment to the Transport Administration Act 1988 came into effect on 28 September 2006 and rendered lawful the conduct by the first respondent which the Tribunal had found unlawful and ordered him to stop, orders numbered 2 and 3 made on 6 September 2006 had to be set aside.

Jurisdiction
Australia
Judgment Date
01 December 2006
Procedural Posture
Race Discrimination Complaints Concerning Goods and Services / Remedies; Respondents' Liberty to Apply to Set Aside Orders Made on 6 September 2006
Outcome
Orders numbered 2 and 3 made by the Tribunal on 6 September 2006 were set aside in each of the three matters.
Legal Topics
['race Discrimination' 'goods and Services' 'concessional Travel on Public Transport' 'full Fee Paying Overseas Students' 'effect of Later Statutory Amendment']
['anti Discrimination Law' 'transport Law'] ['race Discrimination' 'goods and Services' 'concessional Travel on Public Transport' 'full Fee Paying Overseas Students' 'effect of Later Statutory Amendment']

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Procedural Posture

Race Discrimination Complaints Concerning Goods and Services / Remedies; Respondents' Liberty to Apply to Set Aside Orders Made on 6 September 2006

Legal Issues

  1. 1 ['Whether orders numbered 2 and 3 made on 6 September 2006 should be set aside because the Transport Administration Amendment (Travel Concession) Act 2006 changed the law.' 'Whether the amendments to the Transport Administration Act 1988 rendered lawful the conduct previously found to contravene the Anti-Discrimination Act 1977.' 'Whether the earlier findings that the complaints were substantiated and damages orders should be disturbed.']

Ratio Decidendi

Because the amendment to the Transport Administration Act 1988 came into effect on 28 September 2006 and rendered lawful the conduct by the first respondent which the Tribunal had found unlawful and ordered him to stop, orders numbered 2 and 3 made on 6 September 2006 had to be set aside.

Court Disposition

Orders numbered 2 and 3 made by the Tribunal on 6 September 2006 were set aside in each of the three matters.

Orders

  • ['SUPRA v Minister for Transport Services and ors (file no 041012): Orders numbered 2 and 3 made by the Tribunal on 6 September 2006 are set aside.' 'Bravo Nuevo v Minister for Transport Services & ors (file no 041013): Orders numbered 2 and 3 made by the Tribunal on 6 September 2006 are set aside.' 'Martinez Neira...