McElroy v Sutton [2012] NSWADT 24

Given conflicting evidence and allegations regarding the reason for the ban, it is fair and just for the applicant to have the opportunity to provide evidence and proceed with the complaint.

Jurisdiction: Australia
Judgment Date: 15 February 2012
Procedural Posture: Interlocutory Application / Leave to Proceed Granted for Complaint; Matter Listed for Case Conference
Outcome: Leave granted for complaint to proceed; matter listed for case conference
Legal Topics: ['homosexuality Discrimination' 'provision of Goods and Services' 'leave to Proceed' 'direct Discrimination Tests']

['anti Discrimination' 'equal Opportunity'] ['homosexuality Discrimination' 'provision of Goods and Services' 'leave to Proceed' 'direct Discrimination Tests']

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Procedural Posture

Interlocutory Application / Leave to Proceed Granted for Complaint; Matter Listed for Case Conference

Legal Issues

1 ['Whether leave should be granted for complaint of homosexuality discrimination' 'Whether applicant was banned on grounds of homosexuality' 'Fairness and justice for complaint to proceed']

Ratio Decidendi

Given conflicting evidence and allegations regarding the reason for the ban, it is fair and just for the applicant to have the opportunity to provide evidence and proceed with the complaint.

Court Disposition

Leave granted for complaint to proceed; matter listed for case conference

Orders

["Leave is granted for the applicant's complaint of homosexuality discrimination in the provision of goods and services to proceed." 'The matter is listed for case conference on 14 March 2012 at 10.30am.']