Spence v Roberts (No 2) [2006] NSWADT 361
Mr Spence did not establish, on the balance of probabilities and the Briginshaw standard, that Dr Roberts treated him less favourably on the ground of his disability or that any treatment occurred for that reason. The evidence did not support a finding of discrimination within the meaning of the Anti-Discrimination Act 1977 (NSW).
- Jurisdiction
- Australia
- Judgment Date
- 22 December 2006
- Procedural Posture
- Disability Discrimination Complaint / Final Decision on Principal Matter After Hearing on the Papers
- Outcome
- Complaint dismissed
- Legal Topics
- ['disability Discrimination' 'provision of Services' 'direct Discrimination' 'evidentiary Standard']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Disability Discrimination Complaint / Final Decision on Principal Matter After Hearing on the Papers
Legal Issues
- 1 ['Whether Dr Wendy Roberts discriminated against Allan Spence on the ground of disability in the provision of psychological assessment services under the Anti-Discrimination Act 1977 (NSW)' 'Whether less favourable treatment was given to Mr Spence on the ground of his disability']
Ratio Decidendi
Mr Spence did not establish, on the balance of probabilities and the Briginshaw standard, that Dr Roberts treated him less favourably on the ground of his disability or that any treatment occurred for that reason. The evidence did not support a finding of discrimination within the meaning of the Anti-Discrimination Act 1977 (NSW).
Court Disposition
Complaint dismissed
Orders
- ['The complaint of disability discrimination is dismissed.']
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