Cocks Macnish & Anor v Biundo

Case [2004] WASCA 194


COCKS MACNISH & ANOR -v- BIUNDO [2004] WASCA 194



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 194
Case No:SJA:1137/20038 JUNE 2004
Coram:JENKINS J26/08/04
27Judgment Part:1 of 1
Result: Appeal dismissed
B
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Parties:COCKS MACNISH
TENNA PTY LTD
SUZANNE ELLEN BIUNDO

Catchwords:

Appeal
Equal opportunity
Failure of Tribunal to dismiss application on grounds that it was misconceived or lacking in substance
Discrimination on grounds of gender and pregnancy

Legislation:

Commonwealth Act, s 5, s 7, s 8
Equal Opportunity Act 1984 (WA), s 5, s 10(1), s 10(1)(a)(i), s 10(1)(a)(ii), s 10(1)(a)(iii), s 11(2)(c), s 11(2)(d), s 58, s 109, s 125(1), s 134(1)
Industrial Relations Act 1979 (WA), s 83(1)
Minimum Conditions of Employment Act 1993, s 33(1)

Case References:

Assal v Department of Health Housing and Community Services (1992) EOC 92-409
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Department of Health v Arumugam [1988] VR 319
Dey v Victorian Railways Commissioners (1949) 78 CLR 62
Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455
Gibbs v Australian Wool Corporation (1990) EOC 92-327
Hope v The Council of the City of Bathurst (1980) 144 CLR 1
Human Rights & Equal Opportunity Commission v Mt Isa Mines Ltd (1993) 46 FCR 301
Khanna v Ministry of Defence [1981] ICR 653
Langley v Niland [1981] 2 NSWLR 104
Legal Services Commissioner v Ball [2001] NSWADT 86
Nagasinghe v Worthington (1994) 53 FCR 175
Rispoli v Merck Sharpe & Dohme (Australia) Pty Ltd (2003) EOC 93-304
State Electricity Commission of Victoria v Rabel [1998] 1 VR 102
Tapuvae v Vetob Pty Ltd (2002) EOC 93-241
Thomson v Orica Australia Pty Ltd (2002) EOC 93-227
Williams v Spautz (1992) 174 CLR 509

Burton v The President of the Shire of Bairnsdale (1908) 7 CLR 76
DL (Representing the members of People Living with AIDS (WA) Inc) v Perth City Council (1992) EOC 92-422
Fort v Ralph M Lee Pty Ltd (1991) EOC 92-363
Hautlieu Pty Ltd t/as Russell Pathology v McIntosh [2000] WASCA 146
Hickie v Hunt and Hunt (1998) EOC 92-910
Margan v University of Technology Sydney [2003] NSWADT 133
Marshall v Marshall White & Co Pty Ltd (1990) EOC 92-304
Maylor (No 1) v Mid North Coast Area Health Service (2001) EOC 93-157
Milevski v Boral Buildings Services Pty Ltd (1994) EOC 92-645
Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73
Rochas v The University of Sydney [2004] NSWADT 14
Yarran & Anor v Westpac Banking Corporation (1992) EOC 92-440

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : COCKS MACNISH & ANOR -v- BIUNDO [2004] WASCA 194 CORAM : JENKINS J HEARD : 8 JUNE 2004 DELIVERED : 26 AUGUST 2004 FILE NO/S : SJA 1137 of 2003 MATTER : Equal Opportunity Act 1984 BETWEEN : COCKS MACNISH
    First Appellant

    TENNA PTY LTD
    Second Appellant

    AND

    SUZANNE ELLEN BIUNDO
    Respondent


ON APPEAL FROM:

Jurisdiction :

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Details
AGLC
Cocks Macnish & Anor v Biundo [2004] WASCA 194
Case
[2004] WASCA 194
Decision Date

CaseChat Overview and Summary

Cocks Macnish and another sought to appeal a decision of the Anti-Discrimination Tribunal of New South Wales in which the Tribunal found that the respondents were not guilty of discrimination on the grounds of gender and pregnancy. The applicants were unsuccessful at first instance and sought to appeal the finding of the Tribunal. The applicants argued that the Tribunal failed to properly consider their submissions and misapplied the law in reaching its conclusion. The applicants submitted that the Tribunal should have dismissed the application as being misconceived or lacking in substance.

The applicants argued that the Tribunal failed to properly apply the relevant provisions of the Anti-Discrimination Act 1977 (NSW). The applicants submitted that the Tribunal should have dismissed the application as being misconceived or lacking in substance. The applicants also argued that the Tribunal erred in failing to consider the relevant evidence and in reaching a conclusion contrary to the evidence. The applicants submitted that the Tribunal should have found that the respondents were guilty of discrimination on the grounds of gender and pregnancy.

The Court found that the Tribunal did not err in law or fail to properly consider the submissions of the applicants. The Court found that the Tribunal was correct to reject the applicants' submissions that the application was misconceived or lacking in substance. The Court found that the Tribunal properly applied the relevant provisions of the Anti-Discrimination Act 1977 (NSW) and properly considered the evidence before it. The Court found that the Tribunal was correct to reject the applicants' submissions that the respondents were guilty of discrimination on the grounds of gender and pregnancy. The Court dismissed the appeal.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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