Star City Pty Ltd v Hurst (EOD)

[2009] NSWADTAP 35

Appeal Panel - Internal

CITATION:	Star City Pty Ltd v Hurst (EOD) [2009] NSWADTAP 35
PARTIES:	APPELLANT Star City Pty Ltd RESPONDENT Paul Hurst
FILE NUMBER:	099021
HEARING DATES:	26 May 2009
SUBMISSIONS CLOSED:	26 May 2009
DATE OF DECISION:	4 June 2009
BEFORE:	O'Connor K - DCJ (President)
CATCHWORDS:	Equal Opportunity – Complaint of Unlawful Transgender Discrimination – Refusal by Tribunal of Application for Summary Dismissal – Interlocutory Appeal – Leave Required – Nature of Appellate Discretion – Leave Refused – Anti-Discrimination Act 1977, s 102 - Administrative Decisions Tribunal Act 1997, s 113(2A)
DECISION UNDER APPEAL:	Hurst v Star City Pty Ltd [2009] NSWADT 65
FILE NUMBER UNDER APPEAL:	081040
DATE OF DECISION UNDER APPEAL:	03/26/2009
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977
CASES CITED:	Allianz Australia Insurance Limited v Crazzi and Others [2006] NSWSC 1090 Assal v Department of Health, Housing and Community Services (1992) EOC 92-409 Associated Provisional Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Brilliant Digital Entertainment Pty Ltd v Universal Music Australia Pty Ltd [2004] FCAFC 270 Curragh Queensland Mining Ltd v Daniel (1992) 34 FCR 212 Dey v. Victorian Railways Commissioners (1949) 78 CLR 62 Forrester v AIMS Corporation [2004] VSC 506 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Harrison v Melham [2008] NSWCA 67 House v The King (1936) 55 CLR 499 Hurst v Star City Pty Ltd [2009] NSWADT 65 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42 Paramasivam v Vice Chancellor, University of New South Wales [2003] NSWADTAP 2 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Rana v Human Rights & Equal Opportunity Commission [1999] FCA 264 Somerset Marine Inc & Ors v New Cap Reinsurance Corporation Ltd (In Liq) & Anor [2003] NSWCA 338 Stanborough v Woolworths Ltd [2005] NSWADT 203 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Waters v Public Transport Commission (1991) 173 CLR 349
REPRESENTATION:	APPELLANT K Eastman of counsel / Mallesons Stephen Jacques RESPONDENT M Tibbey of counsel / Legal Aid Commission
ORDERS:	Leave to appeal refused

1 The Anti-Discrimination Act 1977 (the AD Act) gives the Tribunal power to dismiss a complaint in whole or in part at any stage of the proceedings: where it is frivolous, vexatious, misconceived or lacking in substance; where the conduct if proven would not disclose a contravention of the Act; or if it is satisfied that no further action should be taken in respect of the complaint: s 102, s 92(1).

2 The Tribunal has dismissed an application for summary dismissal of a complaint. The applicant for summary dismissal has lodged an appeal against that decision. Such an appeal may only proceed with the leave of the Appeal Panel. This decision deals with the leave application.

3 The appellant is Star City Pty Ltd, which operates a casino and general…