Majoor v Macquarie University [2022] NSWCATAP 213

Majoor v Macquarie University [2022] NSWCATAP 213

The appeal was dismissed because the appellant failed to provide evidence as to the unreasonableness of the requirement for in-class quizzes without access to tutorials or recordings, and failed to adduce any evidence about the relative ability of students with and without disabilities to comply with the requirement; therefore, no error of law or failure to exercise jurisdiction was found.

Parties
Appellant: Amicus Majoor; Respondent: Macquarie University
Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Appeal / Determination of Appeal on a Question of Law
Outcome
Appeal dismissed
Legal Topics
Indirect Disability Discrimination, Onus of Proof, Self Represented Parties, Extension of Time for Appeal
Anti Discrimination Law Administrative Law Education Law Indirect Disability Discrimination Onus of Proof Self Represented Parties Extension of Time for Appeal

Case Brief

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Parties

Amicus Majoor

Appellant

Macquarie University

Respondent

Procedural Posture

Appeal / Determination of Appeal on a Question of Law

Legal Issues

  1. 1 Whether the Tribunal failed to exercise jurisdiction by failing to consider relevant evidence of indirect disability discrimination
  2. 2 Whether the duty to self-represented parties was fulfilled

Ratio Decidendi

The appeal was dismissed because the appellant failed to provide evidence as to the unreasonableness of the requirement for in-class quizzes without access to tutorials or recordings, and failed to adduce any evidence about the relative ability of students with and without disabilities to comply with the requirement; therefore, no error of law or failure to exercise jurisdiction was found.

Court Disposition

Appeal dismissed

Orders

  • The time for lodging the appeal is extended to 6 January 2022.
  • The appeal is dismissed.