Brala v Fieldworks Pty limited [2017] NSWCATAD 331

Brala v Fieldworks Pty limited [2017] NSWCATAD 331

Leave to proceed was refused because the Tribunal found there was a lack of evidence that the Respondent knew or ought reasonably to have known about Mr Brala's disability at the relevant time, and therefore it was highly unlikely that the complaint could be substantiated at hearing as the necessary causal link between the disability and the ban was not met.

Parties
Applicant: Anthony Brala; Respondent: Fieldworks Pty Limited
Jurisdiction
Australia
Judgment Date
16 November 2017
Procedural Posture
Application for Leave to Proceed With Complaint of Disability Discrimination / Leave to Proceed (preliminary)
Outcome
Leave to proceed refused
Legal Topics
Disability Discrimination, Provision of Goods and Services, Leave to Proceed Requirements
Administrative Law Anti Discrimination Law Disability Discrimination Provision of Goods and Services Leave to Proceed Requirements

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Parties

Anthony Brala

Applicant

Fieldworks Pty Limited

Respondent

Procedural Posture

Application for Leave to Proceed With Complaint of Disability Discrimination / Leave to Proceed (preliminary)

Legal Issues

  1. 1 Whether leave should be granted under s 96 of the Anti-Discrimination Act 1977 for a complaint of disability discrimination in provision of goods and services to proceed
  2. 2 Whether the Respondent discriminated against the Applicant on the ground of disability

Ratio Decidendi

Leave to proceed was refused because the Tribunal found there was a lack of evidence that the Respondent knew or ought reasonably to have known about Mr Brala's disability at the relevant time, and therefore it was highly unlikely that the complaint could be substantiated at hearing as the necessary causal link between the disability and the ban was not met.

Court Disposition

Leave to proceed refused

Orders

  • Leave to proceed refused