NSW Breeding & Racing Stables Pty Ltd v v & Anor

[2006] HCATrans 373

[2006] HCATrans 373

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S298 of 2005

B e t w e e n -

NSW BREEDING & RACING STABLES PTY LTD

Applicant

and

V

First Respondent

X

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 2 AUGUST 2006, AT 9.56 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against orders made unanimously by the Court of Appeal of the Supreme Court of New South Wales. As the application for special leave is made out of time, the applicant also seeks an order dispensing with compliance with r 41.02.1 of the High Court Rules 2004.

The applicant employed a third party who was found, by the Administrative Decisions Tribunal, to have sexually harassed the respondents during the course of his employment by the applicant.  This conduct constituted discrimination within the meaning of the Anti‑Discrimination Act 1977 (NSW) (“the Act”). The applicant was held to be jointly and severally liable for the employee’s conduct. That holding depended in critically important respects upon the application of the then provisions of s 53 of the Act to the facts as found.

This provision of the Act (s 53) dealing with the liability of an employer for an employee’s conduct has since been substantially amended. The applicant’s written submissions raise no question of principle of general application which would warrant the grant of special leave to appeal to this Court.

We would make an order dispensing with the requirement for compliance with r 41.02.1; however, pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs. I publish that disposition.

AT 9.57 AM THE MATTER WAS CONCLUDED