Olsen v Lee & Vajopin Pty Ltd trading as LJ Hooker Crows Nest [2010] NSWADT 7

Olsen v Lee & Vajopin Pty Ltd trading as LJ Hooker Crows Nest [2010] NSWADT 7

Although Ms Olsen had a disability, the Tribunal was not satisfied that either the October notice or the November notice, or Mr Lee's decision to obtain vacant possession, was on the ground of that disability. Mr Lee had decided not to relet the property and to obtain vacant possession for renovations before he became aware of Ms Olsen's disability, and Ms Olsen was not treated less favourably than another tenant in the same circumstances. Because no unlawful discrimination by Mr Lee was established, LJ Hooker could not have aided and abetted a breach of the Act.

Jurisdiction
Australia
Judgment Date
05 January 2010
Procedural Posture
Complaint Alleging Disability Discrimination in Accommodation and Aiding and Abetting Under the Anti Discrimination Act 1977 (nsw) / Decision After Hearing in the Equal Opportunity Division of the Administrative Decisions Tribunal
Outcome
The complaint was dismissed.
Legal Topics
['disability Discrimination' 'accommodation' 'eviction' 'aiding and Abetting Unlawful Discrimination' 'notice to Vacate']
['anti Discrimination Law' 'residential Tenancy'] ['disability Discrimination' 'accommodation' 'eviction' 'aiding and Abetting Unlawful Discrimination' 'notice to Vacate']

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Procedural Posture

Complaint Alleging Disability Discrimination in Accommodation and Aiding and Abetting Under the Anti Discrimination Act 1977 (nsw) / Decision After Hearing in the Equal Opportunity Division of the Administrative Decisions Tribunal

Legal Issues

  1. 1 ['Whether Mr Lee discriminated against Ms Olsen on the ground of disability by evicting her or subjecting her to detriment in relation to accommodation contrary to s 49N of the Anti-Discrimination Act 1977 (NSW).' 'Whether Vajopin Pty Ltd t/as LJ Hooker Crows Nest aided and abetted any unlawful discrimination by Mr Lee contrary to s 52 of the Anti-Discrimination Act 1977 (NSW).']

Ratio Decidendi

Although Ms Olsen had a disability, the Tribunal was not satisfied that either the October notice or the November notice, or Mr Lee's decision to obtain vacant possession, was on the ground of that disability. Mr Lee had decided not to relet the property and to obtain vacant possession for renovations before he became aware of Ms Olsen's disability, and Ms Olsen was not treated less favourably than another tenant in the same circumstances. Because no unlawful discrimination by Mr Lee was established, LJ Hooker could not have aided and abetted a breach of the Act.

Court Disposition

The complaint was dismissed.

Orders

  • ['The complaint is dismissed']