Grogan and ors v First Rate Leisure Pty Limited and ors [2007] NSWADT 294

Grogan and ors v First Rate Leisure Pty Limited and ors [2007] NSWADT 294

Both the first and fourth respondents are severally liable to each applicant for the racial discrimination that took place on 15 and 16 May 2004 at the Sydney Junction Hotel, as the security guards employed by the fourth respondent, on the instructions of the night manager representing the first respondent, refused entry to the applicants on the basis of their Aboriginal race, thereby breaching ss 7(1)(a) and 19 of the Anti-Discrimination Act 1977. The respondents failed to establish any valid defence, including by reference to training, policies or the operation of the Liquor Act, and are each ordered to pay $15,000 to each applicant as compensation.

Parties
Applicant: Brett Grogan; Applicant: Tony Grogan; Applicant: Wayne Weldon; Applicant: David Dargin; Applicant: Theresa Towers; Applicant: Kristine Bamblett; First Respondent: First Rate Leisure Pty Limited; Second Respondent: Hugh Halpin; Third Respondent: Damian Terrence O'Reilly; Fourth Respondent: Knightland Home Security Pty Limited
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Anti Discrimination Complaint / Final Merits Decision
Outcome
The complaint of unlawful discrimination on the ground of race is substantiated against the first and fourth respondents. The first and fourth respondents are severally liable.
Legal Topics
Race Discrimination, Provision of Goods and Services, Vicarious Liability, Victimisation, Remedies Under Anti Discrimination Act
Anti Discrimination Law Administrative Law Race Discrimination Provision of Goods and Services Vicarious Liability Victimisation Remedies Under Anti Discrimination Act

Case Brief

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Parties

Brett Grogan

Applicant

Tony Grogan

Applicant

Wayne Weldon

Applicant

David Dargin

Applicant

Theresa Towers

Applicant

Kristine Bamblett

Applicant

First Rate Leisure Pty Limited

First Respondent

Hugh Halpin

Second Respondent

Damian Terrence O'Reilly

Third Respondent

Knightland Home Security Pty Limited

Fourth Respondent

Procedural Posture

Anti Discrimination Complaint / Final Merits Decision

Legal Issues

  1. 1 Whether the exclusion of applicants from licensed premises constituted unlawful race discrimination under the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether the first and fourth respondents are vicariously liable for the acts of their employees under s 53 of the Act
  3. 3 Whether liability is joint, several, or joint and several

Ratio Decidendi

Both the first and fourth respondents are severally liable to each applicant for the racial discrimination that took place on 15 and 16 May 2004 at the Sydney Junction Hotel, as the security guards employed by the fourth respondent, on the instructions of the night manager representing the first respondent, refused entry to the applicants on the basis of their Aboriginal race, thereby breaching ss 7(1)(a) and 19 of the Anti-Discrimination Act 1977. The respondents failed to establish any valid defence, including by reference to training, policies or the operation of the Liquor Act, and are each ordered to pay $15,000 to each applicant as compensation.

Court Disposition

The complaint of unlawful discrimination on the ground of race is substantiated against the first and fourth respondents. The first and fourth respondents are severally liable.

Orders

  • The complaint of unlawful discrimination on the ground of race is substantiated against the first and fourth respondents.
  • The first and fourth respondents are to pay to each applicant within 21 days, the sum of $15,000, for which the respondents are severally liable.