Kyriakou v Long [2015] NSWCATAD 31

Kyriakou v Long [2015] NSWCATAD 31

Leave was refused because, considering Mr Kyriakou's history of frequent litigation and adverse findings, including findings of intimidating or harassing conduct, together with the weakness and lack of substance of the race discrimination allegations, it was not fair or just for the complaint to proceed. The Tribunal considered that innocent explanations were more probable for Ms Long's conduct about parking, barbecue use and pets, and that the evidence was unlikely to establish that any treatment was less favourable on the ground of Mr Kyriakou's race.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Application for Leave for Declined Anti Discrimination Complaint to Proceed / Leave Hearing
Outcome
Leave for the complaint to proceed is refused.
Legal Topics
['race Discrimination in Accommodation' 'leave to Proceed After Declined Complaint' 'serial Complainant' 'differential Treatment and Causation' 'residential Tenancy Disputes']
['anti Discrimination Law' 'residential Tenancy Law' 'administrative Law'] ['race Discrimination in Accommodation' 'leave to Proceed After Declined Complaint' 'serial Complainant' 'differential Treatment and Causation' 'residential Tenancy Disputes']

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Procedural Posture

Application for Leave for Declined Anti Discrimination Complaint to Proceed / Leave Hearing

Legal Issues

  1. 1 ["Whether leave should be granted under s 96 of the Anti-Discrimination Act 1977 (NSW) for Mr Kyriakou's declined complaint to proceed." 'Whether it was fair and just in all the circumstances for the race discrimination complaint to proceed.' "Whether the complaint had sufficient substance, including whether Ms Long's conduct about parking, barbecue use and pets was arguably direct race discrimination."]

Ratio Decidendi

Leave was refused because, considering Mr Kyriakou's history of frequent litigation and adverse findings, including findings of intimidating or harassing conduct, together with the weakness and lack of substance of the race discrimination allegations, it was not fair or just for the complaint to proceed. The Tribunal considered that innocent explanations were more probable for Ms Long's conduct about parking, barbecue use and pets, and that the evidence was unlikely to establish that any treatment was less favourable on the ground of Mr Kyriakou's race.

Court Disposition

Leave for the complaint to proceed is refused.

Orders

  • ["Leave is refused for Mr Kyriakou's complaint to proceed."]