Cassidy -V- Cronulla Golf Club Limited [1998] NSWEOD

Cassidy -V- Cronulla Golf Club Limited [1998] NSWEOD

Article 20(d) provided a half annual subscription to members by reference to age and continuous full membership, and on its face conferred a benefit on certain club members by reference to age. The complainants were disadvantaged because they did not receive the half fee advantage available to older members. Section 49ZYP(3)(b) did not authorise the discrimination because the Club was not set up to provide for persons of a particular age group and there was no relevant class or category of membership based on age other than junior members. Article 20(d) therefore unlawfully discriminated within the meaning of the Anti-Discrimination Act.

Jurisdiction
Australia
Judgment Date
14 November 1998
Procedural Posture
Age Discrimination Complaint in the Area of Registered Clubs / Hearing and Determination by the Equal Opportunity Tribunal After Referral by the President of the Anti Discrimination Board
Outcome
Complaint upheld; Article 20(d) declared unlawful; no pecuniary compensation and no order as to costs.
Legal Topics
['age Discrimination' 'club Membership Subscriptions' 'registered Club Benefits' 'detriment' 'statutory Exceptions for Membership Categories' 'costs and Compensation']
['anti Discrimination Law' 'registered Clubs'] ['age Discrimination' 'club Membership Subscriptions' 'registered Club Benefits' 'detriment' 'statutory Exceptions for Membership Categories' 'costs and Compensation']

Case Brief

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Procedural Posture

Age Discrimination Complaint in the Area of Registered Clubs / Hearing and Determination by the Equal Opportunity Tribunal After Referral by the President of the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether Article 20(d) of the Memorandum and Articles of Association of Cronulla Golf Club Limited conferred a benefit by reference to age contrary to the Anti-Discrimination Act.' 'Whether the half annual subscription for members aged over 65 with 20 years continuous Full Membership or Full Female Membership was a benefit within section 49ZYP(2)(a).' 'Whether the complainants were subjected to a detriment within section 49ZYP(2)(c).' 'Whether section 49ZYP(3)(b) authorised the Club to retain the Article as a category of membership for members of different ages or age groups.' 'What orders, including compensation and costs, should be made.']

Ratio Decidendi

Article 20(d) provided a half annual subscription to members by reference to age and continuous full membership, and on its face conferred a benefit on certain club members by reference to age. The complainants were disadvantaged because they did not receive the half fee advantage available to older members. Section 49ZYP(3)(b) did not authorise the discrimination because the Club was not set up to provide for persons of a particular age group and there was no relevant class or category of membership based on age other than junior members. Article 20(d) therefore unlawfully discriminated within the meaning of the Anti-Discrimination Act.

Court Disposition

Complaint upheld; Article 20(d) declared unlawful; no pecuniary compensation and no order as to costs.

Orders

  • ['That Article 20(d) of the Memorandum and Articles of Association of Cronulla Golf Club Limited be declared unlawful within the meaning of the Anti-Discrimination Act.' 'There shall be no order as to costs.']