Zverara v Jarpen Holdings Pty Ltd [2016] NSWCATAD 284

Zverara v Jarpen Holdings Pty Ltd [2016] NSWCATAD 284

Leave is granted for the complaint to proceed, cast as a complaint of indirect discrimination on the grounds of sex and domestic/marital status in accommodation, as there is sufficient evidentiary basis to warrant a full hearing, despite unresolved factual disputes and the applicant not addressing all elements required for indirect discrimination at the leave stage.

Parties
Applicant: Irina Zverara; First Respondent: Jarpen Holdings Pty Ltd; Second Respondent: Jaques Ostrowski; Third Respondent: Fang Ostrowski
Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Application for Leave to Proceed With Complaint of Discrimination / Leave to Proceed Hearing
Outcome
Leave granted for the complaint to proceed as indirect discrimination on grounds of sex and domestic or marital status in accommodation
Legal Topics
Indirect Discrimination, Direct Discrimination, Characteristics Extension, Accommodation Discrimination, Procedural Leave
Anti Discrimination Law Equal Opportunity Law Indirect Discrimination Direct Discrimination Characteristics Extension Accommodation Discrimination Procedural Leave

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Parties

Irina Zverara

Applicant

Jarpen Holdings Pty Ltd

First Respondent

Jaques Ostrowski

Second Respondent

Fang Ostrowski

Third Respondent

Procedural Posture

Application for Leave to Proceed With Complaint of Discrimination / Leave to Proceed Hearing

Legal Issues

  1. 1 Whether leave should be granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaint to proceed as indirect discrimination in accommodation on grounds of sex or marital/domestic status
  2. 2 Whether the applicant’s circumstances satisfy the statutory provisions for direct or indirect discrimination
  3. 3 Whether the alleged requirement or condition imposed constituted indirect discrimination

Ratio Decidendi

Leave is granted for the complaint to proceed, cast as a complaint of indirect discrimination on the grounds of sex and domestic/marital status in accommodation, as there is sufficient evidentiary basis to warrant a full hearing, despite unresolved factual disputes and the applicant not addressing all elements required for indirect discrimination at the leave stage.

Court Disposition

Leave granted for the complaint to proceed as indirect discrimination on grounds of sex and domestic or marital status in accommodation

Orders

  • Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaint to proceed cast as a complaint of indirect discrimination in accommodation on grounds of sex and domestic or marital status.