Clonda v NSW Squash Limited; Clonda v Squash Australia Limited [2020] NSWCATAD 246

Clonda v NSW Squash Limited; Clonda v Squash Australia Limited [2020] NSWCATAD 246

There are real questions of fact as to whether the applicant was subject to detriment for reasons including her protected activities under the Anti-Discrimination Act; these matters are appropriately determined at a hearing and do not warrant summary dismissal under s102.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Administrative and Equal Opportunity Division Proceeding / Interlocutory Application for Summary Dismissal
Outcome
Application for summary dismissal refused; proceedings to continue.
Legal Topics
['victimisation' 'summary Dismissal' 'procedural Rulings']
['anti Discrimination' 'administrative Law'] ['victimisation' 'summary Dismissal' 'procedural Rulings']

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Procedural Posture

Administrative and Equal Opportunity Division Proceeding / Interlocutory Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether claims of victimisation under section 50 of the Anti-Discrimination Act 1977 should be summarily dismissed pursuant to section 102 of the Act.']

Ratio Decidendi

There are real questions of fact as to whether the applicant was subject to detriment for reasons including her protected activities under the Anti-Discrimination Act; these matters are appropriately determined at a hearing and do not warrant summary dismissal under s102.

Court Disposition

Application for summary dismissal refused; proceedings to continue.

Orders

  • ['The application to dismiss these proceedings under section 102 of the Anti-Discrimination Act is dismissed.' "Ms Clonda's application is to be listed by the Registrar of the Tribunal for Directions."]