Shanahan v Western Sydney Local Health District [2018] NSWCATAD 250

Shanahan v Western Sydney Local Health District [2018] NSWCATAD 250

The Tribunal was not satisfied that the requirements for interim relief under s 105 of the Anti-Discrimination Act 1977 were met. The likely detriment to staff and hospital operations outweighs the applicant's claimed inconvenience, and the status quo is not established as being with the door closed. There is no...

Source-derived case information.

Parties
Applicant: Ian Shanahan; Respondent: Western Sydney Local Health District
Jurisdiction
Australia
Judgment Date
30 October 2018
Procedural Posture
Application for Interim Orders Under Anti Discrimination Act 1977 / Hearing and Decision on Interlocutory (interim) Relief
Outcome
Application for interim orders dismissed
Legal Topics
Interim Orders, Disability Discrimination, Hospital Procedures, Work Health and Safety
Anti Discrimination Law Administrative Law Interim Orders Disability Discrimination Hospital Procedures Work Health and Safety

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Parties

Ian Shanahan

Applicant

Western Sydney Local Health District

Respondent

Procedural Posture

Application for Interim Orders Under Anti Discrimination Act 1977 / Hearing and Decision on Interlocutory (interim) Relief

Legal Issues

  1. 1 Whether the applicant is entitled to an interim order under s 105 of the Anti-Discrimination Act 1977
  2. 2 Whether keeping the door to the treatment room closed constitutes preservation of rights or status quo
  3. 3 Whether the balance of convenience favours the making of interim orders

Ratio Decidendi

The Tribunal was not satisfied that the requirements for interim relief under s 105 of the Anti-Discrimination Act 1977 were met. The likely detriment to staff and hospital operations outweighs the applicant's claimed inconvenience, and the status quo is not established as being with the door closed. There is no right of the applicant that would be destroyed before final determination, and the balance of convenience favours maintaining the hospital's current practices.

Court Disposition

Application for interim orders dismissed

Orders

  • The application for interim orders under s 105 of the Anti-Discrimination Act 1977 is dismissed.