Fraser v President, Anti-discrimination Board

In the case of Fraser v President, Anti-discrimination Board, the appellant sought judicial review of a decision by the respondent that a complaint of discrimination was out of time. The respondent had dismissed the complaint under section 31A of the Anti-discrimination Act, holding that it was not made within the prescribed period. The Supreme Court of New South Wales was the court that heard the appeal.

The legal issue before the court was whether the appellant was a party to the proceedings for the purposes of section 53 of the Anti-discrimination Act, and thus whether the appeal was properly before the court. The court had to consider whether the appellant, who had applied to be joined as a party to the original proceedings, was a party for the purpose of seeking judicial review of the decision dismissing the complaint.

The court found that the appellant was not a party to the original proceedings, as they had not been formally joined at the time the complaint was dismissed. However, the court held that the appellant could still be joined as a party to the judicial review proceedings, as the application to join was made within the prescribed time. The court further found that the application to be joined related back to the date of the original proceedings, thus preserving the appellant's right to seek judicial review. The appeal was therefore allowed, and the matter was remitted to the respondent for further consideration.

The final orders of the court were that the decision of the respondent be quashed, and that the matter be remitted to the respondent for reconsideration in light of the court's findings. The court also ordered that the costs of the appeal be paid by the respondent.