Carberry -V- Culburra Bowling & Recreation Club Limited (No. 1) [1996] NSWEOT

Carberry -V- Culburra Bowling & Recreation Club Limited (No. 1) [1996] NSWEOT

The Tribunal found that, on the evidence before it, the complaint cannot be said to be so lacking in substance that it is incapable of establishing a complaint; therefore, the application to summarily dismiss is rejected and the matter must proceed to full hearing.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 September 1996
Procedural Posture
Complaint (equal Opportunity Tribunal) / Interlocutory Application to Dismiss for Lack of Substance, Post Complainant's Case
Outcome
Application to summarily dismiss the complaint rejected; complaint to proceed to full hearing.
Legal Topics
['race Discrimination' 'registered Clubs' 'summary Dismissal' 'evidentiary Threshold for Dismissal']
['anti Discrimination Law'] ['race Discrimination' 'registered Clubs' 'summary Dismissal' 'evidentiary Threshold for Dismissal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Complaint (equal Opportunity Tribunal) / Interlocutory Application to Dismiss for Lack of Substance, Post Complainant's Case

Legal Issues

  1. 1 ['Whether the complaint is lacking in substance and incapable of establishing unlawful racial discrimination under the Anti-Discrimination Act 1977 (NSW)']

Ratio Decidendi

The Tribunal found that, on the evidence before it, the complaint cannot be said to be so lacking in substance that it is incapable of establishing a complaint; therefore, the application to summarily dismiss is rejected and the matter must proceed to full hearing.

Court Disposition

Application to summarily dismiss the complaint rejected; complaint to proceed to full hearing.

Orders

  • []