TAL Life Limited v CAS [2015] NSWCATAP 155

TAL Life Limited v CAS [2015] NSWCATAP 155

Leave to appeal the Summons Decision was refused because the appeal was directed to alleged errors in reasoning rather than to an adverse operative decision: the summonses had not been set aside, and the Deputy President had not conclusively determined that the summonsed material was irrelevant except to damages. Leave to appeal the Further Evidence Decision was granted and the appeal allowed because discrimination and TAL's defence remained live substantive issues, and the Tribunal failed to have regard to those issues when refusing leave to file Ms Molloy's evidence. The Tribunal also miscarried in refusing Mr Lambert's evidence because it treated the evidence as untimely despite...

Jurisdiction
Australia
Judgment Date
30 July 2015
Procedural Posture
Application for Leave to Appeal and Appeal Against Interlocutory Decisions of the Civil and Administrative Tribunal (nsw), Administrative and Equal Opportunity Division / Appeal Panel Determination of Leave to Appeal and Appeal
Outcome
Leave to appeal the Summons Decision refused; leave to appeal the Further Evidence Decision granted; appeal of the Further Evidence Decision allowed; TAL granted leave to file affidavits of Ms Molloy and Mr Lambert; substantive application listed for further case conference.
Legal Topics
['disability Discrimination' 'hiv Positive Status' 'income Protection Insurance' 'summonses' 'legitimate Forensic Purpose' 'late Filing of Evidence' 'interlocutory Appeals' 'leave to Appeal' 'further Evidence']
['anti Discrimination Law' 'civil Procedure' 'administrative Tribunal Procedure' 'insurance'] ['disability Discrimination' 'hiv Positive Status' 'income Protection Insurance' 'summonses' 'legitimate Forensic Purpose' 'late Filing of Evidence' 'interlocutory Appeals' 'leave to Appeal' 'further Evidence']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal Against Interlocutory Decisions of the Civil and Administrative Tribunal (nsw), Administrative and Equal Opportunity Division / Appeal Panel Determination of Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether leave should be granted to appeal the Summons Decision concerning refusal to set aside summonses issued at TAL's request." "Whether the Summons Decision made a legally operative decision that CAS's medical and employment histories were irrelevant except to damages." 'Whether leave should be granted to appeal the Further Evidence Decision refusing TAL leave to file further affidavits.' "Whether the Tribunal erred in refusing leave to file Ms Molloy's affidavit by failing to consider live substantive issues, including discrimination and TAL's defence." "Whether the Tribunal erred in refusing leave to file Mr Lambert's affidavit where the evidence was at least partly in reply to evidence filed by CAS."]

Ratio Decidendi

Leave to appeal the Summons Decision was refused because the appeal was directed to alleged errors in reasoning rather than to an adverse operative decision: the summonses had not been set aside, and the Deputy President had not conclusively determined that the summonsed material was irrelevant except to damages. Leave to appeal the Further Evidence Decision was granted and the appeal allowed because discrimination and TAL's defence remained live substantive issues, and the Tribunal failed to have regard to those issues when refusing leave to file Ms Molloy's evidence. The Tribunal also miscarried in refusing Mr Lambert's evidence because it treated the evidence as untimely despite...

Court Disposition

Leave to appeal the Summons Decision refused; leave to appeal the Further Evidence Decision granted; appeal of the Further Evidence Decision allowed; TAL granted leave to file affidavits of Ms Molloy and Mr Lambert; substantive application listed for further case conference.

Orders

  • ['Leave to appeal Summons Decision is refused.' 'Leave to appeal Further Evidence Decision granted.' 'Appeal of Further Evidence Decision allowed.' 'Leave granted to TAL to file the affidavits of Ms Molloy and Mr Lambert as attached to its submissions on the appeal, within 5 days of the date of delivery of these...