Choi v NSW Ombudsman (No 5) [2022] NSWCATAD 92

Choi v NSW Ombudsman (No 5) [2022] NSWCATAD 92

The Tribunal refused leave for both the discrimination and victimisation claims because there was insufficient evidence that the applicant was treated less favourably on the ground of disability, or that any detriment was on the ground of her complaints. The complaint was found to lack substance and there were no reasonable prospects of succeeding; accordingly, it would not be fair and just to permit the matters to proceed.

Jurisdiction
Australia
Judgment Date
17 March 2022
Procedural Posture
Application for Leave to Proceed With Discrimination and Victimisation Claims / Determination on the Papers Leave to Proceed
Outcome
Leave to proceed with discrimination and victimisation claims refused
Legal Topics
['disability Discrimination' 'victimisation' 'leave to Proceed' 'administrative Decisions']
['anti Discrimination' 'administrative Law'] ['disability Discrimination' 'victimisation' 'leave to Proceed' 'administrative Decisions']

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Procedural Posture

Application for Leave to Proceed With Discrimination and Victimisation Claims / Determination on the Papers Leave to Proceed

Legal Issues

  1. 1 ['Whether leave should be granted for a claim of disability discrimination to proceed' 'Whether leave should be granted for a claim of victimisation to proceed' 'Whether sufficient evidence exists to support claims of discrimination or victimisation by the NSW Ombudsman']

Ratio Decidendi

The Tribunal refused leave for both the discrimination and victimisation claims because there was insufficient evidence that the applicant was treated less favourably on the ground of disability, or that any detriment was on the ground of her complaints. The complaint was found to lack substance and there were no reasonable prospects of succeeding; accordingly, it would not be fair and just to permit the matters to proceed.

Court Disposition

Leave to proceed with discrimination and victimisation claims refused

Orders

  • ['Leave for the applicant to proceed with a claim of discrimination pursuant to section 96 is refused.' 'Leave for the applicant to proceed with a claim of victimisation pursuant to section 96 is refused.']