Corrigan v City of Sydney Counil and anor [2006] NSWADT 138

Corrigan v City of Sydney Counil and anor [2006] NSWADT 138

Leave was refused because, although the refusal of the application could probably fall within refusal of services and Mr Corrigan's Irish national origin could fall within race, there was no direct evidence or factual basis from which to infer that race was one of the reasons for the refusal; the evidence instead indicated concerns about damage, noise and a general policy applied to other groups.

Jurisdiction
Australia
Judgment Date
10 May 2006
Procedural Posture
Application for Leave to Proceed With Discrimination Complaint / Principal Matter
Outcome
Application for leave refused
Legal Topics
['race Discrimination' 'direct Discrimination' 'refusal of Services' 'application for Leave to Proceed' 'reasonable Prospect of Success']
['anti Discrimination Law' 'administrative Law'] ['race Discrimination' 'direct Discrimination' 'refusal of Services' 'application for Leave to Proceed' 'reasonable Prospect of Success']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Proceed With Discrimination Complaint / Principal Matter

Legal Issues

  1. 1 ['Whether leave should be granted under section 96(1) of the Anti-Discrimination Act 1977 for the complaint to proceed.' "Whether there was a reasonable prospect of proving that refusal of permission to use Sydney Square was on the ground of Mr Corrigan's race or Irish national origin."]

Ratio Decidendi

Leave was refused because, although the refusal of the application could probably fall within refusal of services and Mr Corrigan's Irish national origin could fall within race, there was no direct evidence or factual basis from which to infer that race was one of the reasons for the refusal; the evidence instead indicated concerns about damage, noise and a general policy applied to other groups.

Court Disposition

Application for leave refused

Orders

  • ['Application for leave refused']