Grass v Voyager Tennis Pty Ltd, McIntosh, Leong and Auyeng [2023] NSWCATAD 68

Grass v Voyager Tennis Pty Ltd, McIntosh, Leong and Auyeng [2023] NSWCATAD 68

The applicant failed to establish on the balance of probabilities that the respondents committed acts amounting to a contravention of the Anti-Discrimination Act 1977 (NSW), s50(1)(c) or (d), as there was insufficient specific evidence of the identities or attributes of the allegedly discriminated-against individuals, a lack of particularity about the alleged conduct, and no causal connection between any such discrimination and the exclusion suffered by the applicant. Further, any voluntary body is exempt under s57 if not operating for profit, which applied here.

Jurisdiction
Australia
Judgment Date
23 March 2023
Procedural Posture
Complaint (victimisation Under Anti Discrimination Act 1977 Nsw) / Final Determination by Tribunal
Outcome
Complaint dismissed
Legal Topics
['victimisation' 'voluntary Association' 'exclusion From Social Groups' 'burden of Proof' 'section 50 Anti Discrimination Act 1977 (nsw)']
['human Rights' 'anti Discrimination Law'] ['victimisation' 'voluntary Association' 'exclusion From Social Groups' 'burden of Proof' 'section 50 Anti Discrimination Act 1977 (nsw)']

Case Brief

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Procedural Posture

Complaint (victimisation Under Anti Discrimination Act 1977 Nsw) / Final Determination by Tribunal

Legal Issues

  1. 1 ['Whether the applicant was subjected to victimisation within the meaning of s50 of the Anti-Discrimination Act 1977 (NSW)' 'Whether a voluntary association exemption applies under s57 of the Act' "Whether the applicant suffered a 'detriment' as required by the Act" 'Whether there was a causal connection between alleged discrimination and the treatment of the applicant']

Ratio Decidendi

The applicant failed to establish on the balance of probabilities that the respondents committed acts amounting to a contravention of the Anti-Discrimination Act 1977 (NSW), s50(1)(c) or (d), as there was insufficient specific evidence of the identities or attributes of the allegedly discriminated-against individuals, a lack of particularity about the alleged conduct, and no causal connection between any such discrimination and the exclusion suffered by the applicant. Further, any voluntary body is exempt under s57 if not operating for profit, which applied here.

Court Disposition

Complaint dismissed

Orders

  • ['Application dismissed with no order as to costs.']