FBJ v Saul [2021] NSWCATAD 339

FBJ v Saul [2021] NSWCATAD 339

Leave to proceed with complaints of victimisation was refused because the complaints lacked substance—the Applicant failed to establish a causal connection between his complaints to the Anti-Discrimination Board and the alleged detriments, and it was not fair and just in the circumstances for the complaints to proceed.

Parties
Applicant: FBJ; First Respondent: Rosemary Ellen Curran Saul; Second Respondent: Justin Aitken
Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Application for Leave to Proceed With Complaint of Victimisation / Leave Hearing
Outcome
Leave for complaints of victimisation to proceed refused under s 96(1) of the Anti-Discrimination Act 1977.
Legal Topics
Victimisation, Leave to Proceed, Procedural Requirements Under Anti Discrimination Act 1977
Human Rights Discrimination Equal Opportunity Victimisation Leave to Proceed Procedural Requirements Under Anti Discrimination Act 1977

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Parties

FBJ

Applicant

Rosemary Ellen Curran Saul

First Respondent

Justin Aitken

Second Respondent

Procedural Posture

Application for Leave to Proceed With Complaint of Victimisation / Leave Hearing

Legal Issues

  1. 1 Whether leave should be granted to proceed with complaints of victimisation under s 96(1) of the Anti-Discrimination Act 1977
  2. 2 Whether the complaints are lacking in substance

Ratio Decidendi

Leave to proceed with complaints of victimisation was refused because the complaints lacked substance—the Applicant failed to establish a causal connection between his complaints to the Anti-Discrimination Board and the alleged detriments, and it was not fair and just in the circumstances for the complaints to proceed.

Court Disposition

Leave for complaints of victimisation to proceed refused under s 96(1) of the Anti-Discrimination Act 1977.

Orders

  • Leave for the complaints of victimisation to proceed is refused under s 96(1) of the Anti-Discrimination Act 1977.