Spence v Roberts (No 2) [2006] NSWADT 361

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disability Discrimination Complaint / Final Decision on Principal Matter After Hearing on the Papers

  1. 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.']