Stewart v Hunt [2012] NSWADT 12

Stewart v Hunt [2012] NSWADT 12

Leave is refused because there was insufficient evidence that the alleged treatment of Mr Stewart by the respondents was on the ground of the age of his children, and the complaint has little or no prospects of success.

Parties
Applicant: James Stewart; First Respondent: Robert Hunt; Second Respondent: SJ Hunt; Third Respondent: SD Hunt
Jurisdiction
Australia
Judgment Date
01 February 2012
Procedural Posture
Interlocutory Application / Leave Application – Refusal to Grant Leave for Complaint to Proceed
Outcome
Leave to proceed with the complaint is refused.
Legal Topics
Age Discrimination, Provision of Services, Leave to Proceed
Anti Discrimination Law Equal Opportunity Age Discrimination Provision of Services Leave to Proceed

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Parties

James Stewart

Applicant

Robert Hunt

First Respondent

SJ Hunt

Second Respondent

SD Hunt

Third Respondent

Procedural Posture

Interlocutory Application / Leave Application – Refusal to Grant Leave for Complaint to Proceed

Legal Issues

  1. 1 Whether the applicant has established a prima facie case of age discrimination in the provision of services sufficient to grant leave to proceed under the Anti-Discrimination Act 1977

Ratio Decidendi

Leave is refused because there was insufficient evidence that the alleged treatment of Mr Stewart by the respondents was on the ground of the age of his children, and the complaint has little or no prospects of success.

Court Disposition

Leave to proceed with the complaint is refused.

Orders

  • Leave for the applicant's complaint to proceed is refused.