Wiseman v American Express Australia Limited [2014] NSWCATAD 15

Wiseman v American Express Australia Limited [2014] NSWCATAD 15

The Tribunal found that the applicants were unlikely to be able to substantiate their claims that their treatment by Amex was on the grounds of homosexuality or disability, as Amex provided plausible non-discriminatory reasons for their actions and there was insufficient evidence connecting the alleged unfavourable treatment to the protected characteristics.

Jurisdiction
Australia
Judgment Date
24 February 2014
Procedural Posture
Interlocutory Application / Application for Leave to Proceed With Discrimination Complaint
Outcome
Leave to proceed with the complaint of discrimination is refused.
Legal Topics
['homosexuality Discrimination' 'disability Discrimination' 'direct and Indirect Discrimination' 'refusal of Services']
['anti Discrimination Law' 'administrative Law'] ['homosexuality Discrimination' 'disability Discrimination' 'direct and Indirect Discrimination' 'refusal of Services']

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Procedural Posture

Interlocutory Application / Application for Leave to Proceed With Discrimination Complaint

Legal Issues

  1. 1 ["Whether there is sufficient merit to justify granting leave for the applicants' discrimination complaint under the Anti-Discrimination Act 1977" 'Whether the applicants suffered direct or indirect discrimination on the grounds of homosexuality and/or disability']

Ratio Decidendi

The Tribunal found that the applicants were unlikely to be able to substantiate their claims that their treatment by Amex was on the grounds of homosexuality or disability, as Amex provided plausible non-discriminatory reasons for their actions and there was insufficient evidence connecting the alleged unfavourable treatment to the protected characteristics.

Court Disposition

Leave to proceed with the complaint of discrimination is refused.

Orders

  • ["Leave is refused for the Applicants' complaint of discrimination to proceed."]