Masters v Reserve Hotels Pty Ltd atf the NBF Trust [2020] NSWCATAD 115

Masters v Reserve Hotels Pty Ltd atf the NBF Trust [2020] NSWCATAD 115

The Tribunal found that the Respondents, through the acts of their agent security guard, directly discriminated against the Applicants on the basis of race by refusing them service at Mr B's Hotel, and failed to establish that they took all reasonable steps to prevent such conduct or that they did not authorise the act, thus incurring vicarious liability under s.53 of the Anti-Discrimination Act 1977 (NSW).

Jurisdiction
Australia
Judgment Date
30 April 2020
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Final Decision After Hearing
Outcome
Complaint of racial discrimination substantiated; damages ordered.
Legal Topics
['racial Discrimination' 'vicarious Liability' 'provision of Goods and Services' 'liability of Principals and Employers']
['anti Discrimination Law' 'administrative Law'] ['racial Discrimination' 'vicarious Liability' 'provision of Goods and Services' 'liability of Principals and Employers']

Case Brief

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ["Did the Respondents contravene s.19 of the Anti-Discrimination Act 1977 (NSW) by refusing the Applicants entry to Mr B's Hotel on the basis of race?" 'Were the security guards agents of the Respondents?' 'Have the Respondents established defences under s.53 of the Anti-Discrimination Act 1977 (NSW)?']

Ratio Decidendi

The Tribunal found that the Respondents, through the acts of their agent security guard, directly discriminated against the Applicants on the basis of race by refusing them service at Mr B's Hotel, and failed to establish that they took all reasonable steps to prevent such conduct or that they did not authorise the act, thus incurring vicarious liability under s.53 of the Anti-Discrimination Act 1977 (NSW).

Court Disposition

Complaint of racial discrimination substantiated; damages ordered.

Orders

  • ['The complaint of racial discrimination under s.19 of the Anti-Discrimination Act 1977 (NSW) against the Respondents is substantiated.' 'The Respondents are jointly and severally ordered to pay the Applicants damages in the amount of $7,500 each.' 'The Applicants are to file within 14 days hereof submissions in...