TU v Vaisman [2013] NSWADT 8

TU v Vaisman [2013] NSWADT 8

Neither Anshun estoppel nor Reichel estoppel applies, as the respondents were not parties to the original proceedings and the applicant did not lose the original case. Therefore, the complaint should not be summarily dismissed as an abuse of process.

Jurisdiction
Australia
Judgment Date
15 January 2013
Procedural Posture
Interlocutory Application / Summary Dismissal Application; Interlocutory Decision
Outcome
Complaint not summarily dismissed; matter listed for case conference.
Legal Topics
['summary Dismissal' 'abuse of Process' 'estoppel (anshun, Reichel)' 'liability for Discrimination' 'joint and Several Liability']
['anti Discrimination Law' 'civil Procedure'] ['summary Dismissal' 'abuse of Process' 'estoppel (anshun, Reichel)' 'liability for Discrimination' 'joint and Several Liability']

Case Brief

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Procedural Posture

Interlocutory Application / Summary Dismissal Application; Interlocutory Decision

Legal Issues

  1. 1 ['Whether the complaint should be summarily dismissed as an abuse of process' 'Application of Anshun estoppel and Reichel estoppel to these proceedings' 'Liability for permitting discriminatory conduct under the Anti-Discrimination Act 1977']

Ratio Decidendi

Neither Anshun estoppel nor Reichel estoppel applies, as the respondents were not parties to the original proceedings and the applicant did not lose the original case. Therefore, the complaint should not be summarily dismissed as an abuse of process.

Court Disposition

Complaint not summarily dismissed; matter listed for case conference.

Orders

  • ['The complaint is not summarily dismissed.' 'The matter is listed for a case conference on 23 January 2013 at 3 pm.']