Cairns v ANZ Banking Group Limited [2018] NSWCATAD 138

Cairns v ANZ Banking Group Limited [2018] NSWCATAD 138

The complaints failed because the applicants did not prove that holding a special category visa appertained generally, or was generally imputed, to persons of New Zealand nationality or origin. ANZ's provision of unsolicited marketing material was a service relating to insurance, but it was provided without refusal, fee, conditions or less favourable terms, and the evidence did not show that the applicants' New Zealand nationality or origin, or visa status, formed any part of ANZ's reason for providing it. OnePath provided life insurance services by issuing the EasyCover Life policy, did not refuse cover, and provided the same terms to all applicants regardless of nationality, national...

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Complaints of Race Discrimination in Provision of Marketing and Insurance Services and Aiding and Abetting Under the Anti Discrimination Act 1977 / Determination by the Civil and Administrative Tribunal of New South Wales After Referral of Complaints Dismissed by the President of the Anti Discrimination Board
Outcome
Complaints dismissed; parties given directions for any costs applications and submissions.
Legal Topics
['direct Race Discrimination' 'indirect Race Discrimination' 'nationality and National Origin' 'marketing Services Relating to Insurance' 'life Insurance Eligibility and Exclusion Clauses' 'special Category Visas' 'aiding and Abetting Discrimination']
['anti Discrimination Law' 'human Rights' 'insurance Law'] ['direct Race Discrimination' 'indirect Race Discrimination' 'nationality and National Origin' 'marketing Services Relating to Insurance' 'life Insurance Eligibility and Exclusion Clauses' 'special Category Visas' 'aiding and Abetting Discrimination']

Case Brief

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Procedural Posture

Complaints of Race Discrimination in Provision of Marketing and Insurance Services and Aiding and Abetting Under the Anti Discrimination Act 1977 / Determination by the Civil and Administrative Tribunal of New South Wales After Referral of Complaints Dismissed by the President of the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether in 2005 the holding of a special category visa appertained generally, or was generally imputed, to persons of New Zealand nationality or origin.' 'Whether ANZ provided marketing services to Mr and Mrs Cairns.' 'Whether ANZ treated the applicants less favourably than it would have treated persons not of New Zealand nationality or origin by refusing to provide marketing services, or in the terms on which they were provided.' "Whether any treatment by ANZ was on the ground of the applicants' New Zealand nationality or origin." 'Whether OnePath provided life insurance services to the applicants.' 'Whether OnePath treated the applicants less favourably than it would have treated persons not of New Zealand nationality or origin by refusing to provide life insurance, or in the terms on which the insurance was provided.' "Whether any treatment by OnePath was on the ground of the applicants' New Zealand nationality or origin." 'Whether ANZ or OnePath imposed a requirement or condition with which the applicants were not able to comply and which satisfied the proportionality elements for indirect discrimination.' 'Whether ANZ aided or abetted OnePath to contravene the Anti-Discrimination Act 1977.' 'Whether the complaints should be dismissed, or relief declined, because the complaints had been satisfactorily addressed by reinstatement of the EasyCover Life policy and waiver of premiums to December 2016.']

Ratio Decidendi

The complaints failed because the applicants did not prove that holding a special category visa appertained generally, or was generally imputed, to persons of New Zealand nationality or origin. ANZ's provision of unsolicited marketing material was a service relating to insurance, but it was provided without refusal, fee, conditions or less favourable terms, and the evidence did not show that the applicants' New Zealand nationality or origin, or visa status, formed any part of ANZ's reason for providing it. OnePath provided life insurance services by issuing the EasyCover Life policy, did not refuse cover, and provided the same terms to all applicants regardless of nationality, national...

Court Disposition

Complaints dismissed; parties given directions for any costs applications and submissions.

Orders

  • ['The complaints of direct and indirect discrimination against the first respondent are dismissed.' 'The complaints of direct and indirect discrimination against the second respondent are dismissed.' 'The complaint that the first respondent aided and abetted the second respondent to breach the Anti-Discrimination...