Carberry -V- Culburra Bowling & Recreation Club Limited [1997] NSWEOT

Carberry -V- Culburra Bowling & Recreation Club Limited [1997] NSWEOT

The complainant was treated less favourably in the handling of his citation, suspension, unsigned membership application, and rejection of readmission, but the evidence, including the statistical material and the denials by club officials, did not establish on the balance of probability that the respondent's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 March 1997
Procedural Posture
Race Discrimination Complaint in the Area of Registered Clubs Under the Anti Discrimination Act 1977 (nsw) / Final Determination After Inquiry; the Respondent's Earlier Application Under Section 111(1) of the Act to Dismiss the Complaint as Lacking Substance Was Dismissed.
Outcome
Complaint dismissed; judgment in favour of the respondent.
Legal Topics
['direct Race Discrimination' 'less Favourable Treatment' 'membership Suspension and Readmission' 'onus of Proof' 'natural Justice and Procedural Fairness']
['anti Discrimination Law' 'race Discrimination' 'registered Clubs'] ['direct Race Discrimination' 'less Favourable Treatment' 'membership Suspension and Readmission' 'onus of Proof' 'natural Justice and Procedural Fairness']

Source-derived case record

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Procedural Posture

Race Discrimination Complaint in the Area of Registered Clubs Under the Anti Discrimination Act 1977 (nsw) / Final Determination After Inquiry; the Respondent's Earlier Application Under Section 111(1) of the Act to Dismiss the Complaint as Lacking Substance Was Dismissed.

Legal Issues

  1. 1 ['Whether the complainant was treated less favourably by the respondent club than persons of a different race in the same or not materially different circumstances.' "Whether any less favourable treatment was on the ground of the complainant's race within section 7(1)(a) of the Anti-Discrimination Act 1977." "Whether the respondent's conduct was unlawful under sections 19 or 20A of the Anti-Discrimination Act 1977." 'Whether the circumstances supported an inference of racial discrimination despite the absence of direct evidence.']

Ratio Decidendi

The complainant was treated less favourably in the handling of his citation, suspension, unsigned membership application, and rejection of readmission, but the evidence, including the statistical material and the denials by club officials, did not establish on the balance of probability that the respondent's decisions or actions were based on the ground of the complainant's race. The race discrimination complaint was therefore not substantiated.

Court Disposition

Complaint dismissed; judgment in favour of the respondent.

Orders

  • ['The complaint is dismissed.' 'No order as to costs.']