Battenberg v The Union Club [2004] NSWADT 285

Battenberg v The Union Club [2004] NSWADT 285

The Applicant proved that he had PTSD and a tremor and that the Club perceived him to be homosexual, and the request that he resign and the challenge to Mr Humby's presence were detriments. However, the Applicant did not prove that the Club's treatment was caused by his disability or perceived homosexuality, or that a member not thought to be homosexual would have been treated more favourably. The directive not to address him as Lord Battenberg was not a detriment because he did not establish entitlement to that honorific. The victimisation complaint also failed because, although the discrimination complaint may have hurried events, the Tribunal was not satisfied that the complaint to the...

Jurisdiction
Australia
Judgment Date
09 December 2004
Procedural Posture
Disability Discrimination, Homosexual Discrimination and Victimisation Complaint Concerning a Registered Club / Principal Matter
Outcome
Complaints dismissed; parties granted leave to apply for costs.
Legal Topics
['disability Discrimination' 'perceived Homosexuality Discrimination' 'victimisation' 'detriment' 'causation' 'burden of Proof' 'tribunal Procedure']
['anti Discrimination Law' 'administrative Law' 'registered Clubs'] ['disability Discrimination' 'perceived Homosexuality Discrimination' 'victimisation' 'detriment' 'causation' 'burden of Proof' 'tribunal Procedure']

Case Brief

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Procedural Posture

Disability Discrimination, Homosexual Discrimination and Victimisation Complaint Concerning a Registered Club / Principal Matter

Legal Issues

  1. 1 ['Whether the Applicant had a disability during the period covered by the complaint.' 'Whether the Respondent perceived the Applicant to be homosexual.' 'Whether the conduct of the Club President at meetings on 24 April 2001, the request that Ian Humby leave the Club, and the directive that staff not address the Applicant as Lord Battenberg constituted detriments under the Anti-Discrimination Act 1977.' "Whether any detriment was caused by the Applicant's disability or perceived homosexuality and whether he was treated less favourably than a member without those characteristics would have been treated." 'Whether the Respondent victimised the Applicant by notifying him that his membership had ceased because he had made a complaint to the Anti-Discrimination Board.' "Whether leave should be granted to call Mr Foulkes after the close of the Respondent's case and whether an inference should be drawn from the Respondent's failure to call him."]

Ratio Decidendi

The Applicant proved that he had PTSD and a tremor and that the Club perceived him to be homosexual, and the request that he resign and the challenge to Mr Humby's presence were detriments. However, the Applicant did not prove that the Club's treatment was caused by his disability or perceived homosexuality, or that a member not thought to be homosexual would have been treated more favourably. The directive not to address him as Lord Battenberg was not a detriment because he did not establish entitlement to that honorific. The victimisation complaint also failed because, although the discrimination complaint may have hurried events, the Tribunal was not satisfied that the complaint to the...

Court Disposition

Complaints dismissed; parties granted leave to apply for costs.

Orders

  • ['The complaint of discrimination on the grounds of disability is dismissed.' 'The complaint of discrimination on the grounds of perceived homosexuality is dismissed.' 'The complaint of victimisation is dismissed.' 'Parties are granted leave to apply for costs, any application to be lodged within 14 days of the date...