Gardiner v Aquasun Pty Ltd trading as Asher Coastwise Real Estate & anor (No 3) [2006] NSWADT 196

Gardiner v Aquasun Pty Ltd trading as Asher Coastwise Real Estate & anor (No 3) [2006] NSWADT 196

The Tribunal found that neither respondent complied with certain consent orders, but did not have power to set aside or amend those orders. Damages for distress caused by non-compliance were awarded, and costs ordered against both respondents.

Jurisdiction
Australia
Judgment Date
29 June 2006
Procedural Posture
Disability Discrimination Complaint / Post Consent Order Enforcement and Costs
Outcome
Application to set aside or amend consent orders dismissed; damages and costs awarded; proceedings dismissed.
Legal Topics
['disability Discrimination' 'accommodation' 'costs' 'consent Orders' 'enforcement of Tribunal Orders']
['equal Opportunity' 'anti Discrimination Law'] ['disability Discrimination' 'accommodation' 'costs' 'consent Orders' 'enforcement of Tribunal Orders']

Case Brief

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Procedural Posture

Disability Discrimination Complaint / Post Consent Order Enforcement and Costs

Legal Issues

  1. 1 ['Whether respondents complied with consent orders regarding payment and removal from tenancy default list' 'Whether Tribunal has power to set aside or amend consent orders' 'Entitlement to damages for non-compliance and costs']

Ratio Decidendi

The Tribunal found that neither respondent complied with certain consent orders, but did not have power to set aside or amend those orders. Damages for distress caused by non-compliance were awarded, and costs ordered against both respondents.

Court Disposition

Application to set aside or amend consent orders dismissed; damages and costs awarded; proceedings dismissed.

Orders

  • ['Application to set aside consent orders made on 23 February 2006 is dismissed.' 'Application to amend consent orders made on 23 February 2006 is dismissed.' 'First Respondent to pay Applicant $7,500 within 21 days in addition to any earlier ordered amounts.' 'Second Respondent to pay Applicant $2,500 within 21...