Brisbane City Council v Le Roy

The Brisbane City Council, acting as the appellant, sought leave to appeal a decision by a Tribunal Member in an anti-discrimination matter that Ms Le Roy's complaint be dealt with as a representative complaint. The Council also sought leave to rely on an affidavit filed after the decision at first instance on the basis that it was "credible and necessary to clarify a matter about which the learned Member was led into error". The Tribunal was required to decide whether the appeal should be allowed and if the Council should be granted leave to rely on the affidavit.

The court found that the affidavit was not necessary to clarify a matter about which the Tribunal Member was led into error. The court found that the Council had not demonstrated that the affidavit was necessary to clarify a matter about which the Tribunal Member was led into error, and that the affidavit did not contain any new evidence that would have changed the outcome of the case. The court also found that the Council had not demonstrated that the Tribunal Member had been led into error in any way. The court further found that the appeal should not be allowed as the Council had not demonstrated that the Tribunal Member had made an error of law or fact that would warrant an appeal.

The appeal was dismissed, and the Council was not granted leave to rely on the affidavit.