Battenberg v The Union Club [no.2] [2003] NSWADT 187

Battenberg v The Union Club [no.2] [2003] NSWADT 187

On applicant’s evidence taken at its highest, there was some material supporting findings that discrimination and victimisation could have occurred as alleged. There was evidence supporting detriment and causative links to disability or presumed homosexuality and to the fact of having complained. Therefore, the respondent's application for dismissal under s 111(1) failed and the complaints should proceed to hearing.

Parties
Applicant: Andrew Battenberg; Respondent: The Union Club
Jurisdiction
Australia
Judgment Date
14 August 2003
Procedural Posture
Equal Opportunity Division Anti Discrimination Complaint / Application for Dismissal (s 111(1)), Interlocutory Decision
Outcome
Application dismissed; matter to proceed to hearing.
Legal Topics
Disability Discrimination, Homosexuality Discrimination, Victimisation, Registered Clubs, Jurisdiction and Procedure Under Anti Discrimination Act
Anti Discrimination Administrative Law Disability Discrimination Homosexuality Discrimination Victimisation Registered Clubs Jurisdiction and Procedure Under Anti Discrimination Act

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Parties

Andrew Battenberg

Applicant

The Union Club

Respondent

Procedural Posture

Equal Opportunity Division Anti Discrimination Complaint / Application for Dismissal (s 111(1)), Interlocutory Decision

Legal Issues

  1. 1 Whether complaints of discrimination and victimisation should be dismissed as lacking in substance under s111(1) of the Anti-Discrimination Act 1977
  2. 2 Whether conduct alleged amounts to unlawful discrimination on grounds of disability or presumed homosexuality
  3. 3 Whether club’s decision to terminate membership constituted victimisation

Ratio Decidendi

On applicant’s evidence taken at its highest, there was some material supporting findings that discrimination and victimisation could have occurred as alleged. There was evidence supporting detriment and causative links to disability or presumed homosexuality and to the fact of having complained. Therefore, the respondent's application for dismissal under s 111(1) failed and the complaints should proceed to hearing.

Court Disposition

Application dismissed; matter to proceed to hearing.

Orders

  • Application dismissed.
  • Matter to be set down for hearing at dates to be fixed by the Registrar.