Bates v BDG Properties Pty Ltd [2013] NSWADT 285

Leave for the applicant's complaint is refused because there is no direct evidence of discrimination, and the more probable, innocent explanation for refusal is that the successful applicants offered $50 more than the advertised rent. The likelihood the complaint would be substantiated is so slight that it is not fair and just to permit it to proceed.

Jurisdiction: Australia
Judgment Date: 10 December 2013
Procedural Posture: Complaint Under the Anti Discrimination Act 1977 / Leave Application to Proceed After President Declined Complaint
Outcome: Leave for the applicant's complaint to proceed is refused.
Legal Topics: ['homosexuality Discrimination' 'accommodation Application' 'leave to Proceed' 'direct Discrimination' 'causation']

['anti Discrimination Law'] ['homosexuality Discrimination' 'accommodation Application' 'leave to Proceed' 'direct Discrimination' 'causation']

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Procedural Posture

Complaint Under the Anti Discrimination Act 1977 / Leave Application to Proceed After President Declined Complaint

Legal Issues

1 ['Whether it is fair and just to allow the complaint of homosexuality discrimination to proceed' "Whether there is a likelihood that the applicant's complaint will be substantiated if it goes to hearing"]

Ratio Decidendi

Court Disposition

Leave for the applicant's complaint to proceed is refused.

Orders

["Leave for the applicant's complaint of homosexuality discrimination to proceed is refused."]