Appeal Panel
CITATION: United Bonded Fabrics Pty Ltd -v- Roseman (EOD) [2000] NSWADTAP 13 PARTIES: APPLICANT
RESPONDENT
United Bonded Fabrics Pty Ltd
Gregory RosemanFILE NUMBER: 009001 HEARING DATES: 10/05/2000 SUBMISSIONS CLOSED: 05/10/2000 DATE OF DECISION:
07/26/2000DECISION UNDER APPEAL:
Refusal of application pursuant to s.111BEFORE: Latham M - DCJ (Deputy President); Bell N - Judicial Member; Edwards K - Member CATCHWORDS: no evidence - opportunity to be heard MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 991043 DATE OF DECISION UNDER APPEAL: 12/10/1999 LEGISLATION CITED: Anti-Discrimination Act 1977 CASES CITED: Qantas Airways Ltd v Gubbins (1992)
Ileris and Comcare [1999] AATA 647
Shulver v Sherry (1992) 28 ALD 570
Casey v Repatriation Commission (1995) 39 ALD 34
Ex parte Bott (1933) 50 CLR 228
Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139
A & B v Director of Family Services [1996] ACTSC 48
Saverio Barbaro and Minister for Immigration and Ethnic Affairs (1980) 3 ALD 1REPRESENTATION: APPELLANT
A Moses, barrister
RESPONDENT
In personORDERS: 1. The appeal is upheld; 2. The orders of the Tribunal are set aside; 3. The Appellant's application under s.111 is remitted to a differently constituted Tribunal for hearing.
1 This is an appeal under s.113 of the Administrative Decisions Tribunal Act 1997 (the ADT Act) brought by United Bond Fabrics Pty Ltd (the Appellant) against a decision of the Tribunal to refuse an application under s.111 of the ADT Act for the dismissal of the complaint of Gregory Roseman (the Respondent). Whilst the application appeared to have come before a differently constituted Tribunal on a number of occasions before 2 December 1999, it is clear from a reading of the transcript of the proceedings on 2 December that those prior occasions concerned preliminary matters and that the application was heard in its entirety on that day. The Respondent was unrepresented, while the Appellant was represented. The Tribunal‘s decision was handed down on 10 December 1999.
2 Apart from refusing the application, the Tribunal also ordered that the Respondent’s complaint be referred to the Anti-Discrimination Board for investigation. The Tribunal was of the view that the Board had never conducted an investigation of the Respondent’s complaint, owing to the fact that he had instituted proceedings in the Industrial Relations Commission of NSW (the IRC) contemporaneously with his complaint to the Board in June 1997. Be that as it may, it is doubtful that the Tribunal had the power to make such an order. It is not necessary for present purposes to decide that question.
3 The appeal was heard on 10 May 2000. At the conclusion of the hearing the Panel made orders setting aside the orders of the Tribunal and remitting the application under s.111 for hearing before a differently constituted Tribunal. The Panel now publishes its reasons.
- The Course of the Proceedings before the Tribunal
4 The circumstances giving rise to the hearing of this matter are set out at paras. 2 to 6 inclusive of…
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- Case
- [2000] NSWADTAP 13
- Decision Date
CaseChat Overview and Summary
The court examined the tribunal's handling of the appellant's application, focusing on whether procedural fairness was observed. It was determined that the tribunal did not provide the appellant with a chance to respond to critical evidence presented against them, thereby breaching the principles of natural justice. Furthermore, the court found that the tribunal's decision was based on an incomplete evidentiary basis, as it failed to consider all relevant submissions and evidence from the appellant. These procedural shortcomings led the court to conclude that the tribunal's decision was flawed.
As a result, the Supreme Court of Victoria upheld the appeal, finding in favour of the appellant. The orders of the tribunal were set aside, and the matter was remitted to a differently constituted tribunal for a fresh hearing. This ensures that the appellant will have an opportunity to present its case fully and that all relevant evidence will be considered in accordance with the principles of procedural fairness. The court's decision underscored the importance of adhering to procedural fairness in administrative law, particularly in ensuring that all parties have an opportunity to be heard.
Orders
Orders of the court
1. The appeal is upheld; 2. The orders of the Tribunal are set aside; 3. The Appellant's application under s.111 is remitted to a differently constituted Tribunal for hearing.
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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