Ritchie v CMC Markets Stockbroking Ltd [2014] NSWCATAD 195

Ritchie v CMC Markets Stockbroking Ltd [2014] NSWCATAD 195

It is not fair or just for the complaint to proceed as there is insufficient evidence that CMC Markets' alleged conduct was due to Mr Ritchie's disability, nor that there was any refusal or delay amounting to discrimination; Mr Ritchie is unable to substantiate his claims.

Parties
Applicant: Alan Ritchie; Respondent: CMC Markets Stockbroking Ltd
Jurisdiction
Australia
Judgment Date
12 November 2014
Procedural Posture
Interlocutory Application / Application for Leave for Complaint to Proceed
Outcome
Leave for the Applicant's complaint to proceed is refused
Legal Topics
Disability Discrimination, Provision of Services, Complaint Procedure Under Anti Discrimination Act 1977 (nsw)
Anti Discrimination Law Administrative Law Disability Discrimination Provision of Services Complaint Procedure Under Anti Discrimination Act 1977 (nsw)

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Parties

Alan Ritchie

Applicant

CMC Markets Stockbroking Ltd

Respondent

Procedural Posture

Interlocutory Application / Application for Leave for Complaint to Proceed

Legal Issues

  1. 1 Whether leave should be granted for the applicant's disability discrimination complaint to proceed
  2. 2 Whether applicant has established direct disability discrimination under Anti-Discrimination Act 1977 (NSW)

Ratio Decidendi

It is not fair or just for the complaint to proceed as there is insufficient evidence that CMC Markets' alleged conduct was due to Mr Ritchie's disability, nor that there was any refusal or delay amounting to discrimination; Mr Ritchie is unable to substantiate his claims.

Court Disposition

Leave for the Applicant's complaint to proceed is refused