McElroy v Sutton (No 2) [2013] NSWADT 9

McElroy v Sutton (No 2) [2013] NSWADT 9

The Tribunal was not satisfied on the balance of probabilities that presumed homosexuality was a reason for the Applicant's barring; evidence showed the Respondent acted because of suspicions about drug-related activity and obligations under the Liquor Act.

Jurisdiction
Australia
Judgment Date
16 January 2013
Procedural Posture
Complaint / Principal Judgment
Outcome
Complaint dismissed
Legal Topics
['direct Discrimination' 'provision of Goods and Services' 'presumed Homosexuality' 'burden of Proof']
['anti Discrimination Law'] ['direct Discrimination' 'provision of Goods and Services' 'presumed Homosexuality' 'burden of Proof']

Case Brief

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Procedural Posture

Complaint / Principal Judgment

Legal Issues

  1. 1 ['Whether the Applicant was discriminated against in the provision of goods and services on the grounds of presumed homosexuality' 'Whether presumed homosexuality was a reason for the barring of the Applicant']

Ratio Decidendi

The Tribunal was not satisfied on the balance of probabilities that presumed homosexuality was a reason for the Applicant's barring; evidence showed the Respondent acted because of suspicions about drug-related activity and obligations under the Liquor Act.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed.' 'No order as to costs.']