Moxon -v- Westbus Pty Limited [1999] NSWADT 88

Moxon -v- Westbus Pty Limited [1999] NSWADT 88

While the requirement that the applicant enter buses via steps was found to be unreasonable, the respondent established that requiring accessible buses on the relevant routes would impose unjustifiable hardship, given cost, operational, and logistical considerations; therefore, the complaint was dismissed under the Anti-Discrimination Act 1977.

Jurisdiction
Australia
Judgment Date
21 September 1999
Procedural Posture
Disability Discrimination Complaint / Primary Determination by Tribunal; Set Aside by Appeal and Remitted to Tribunal
Outcome
Complaint dismissed; no order as to costs (by consent); set aside by appeal and remitted to Tribunal.
Legal Topics
['indirect Discrimination' 'unjustifiable Hardship' 'access to Public Transport' 'goods and Services Discrimination']
['anti Discrimination' 'equal Opportunity' 'disability Law'] ['indirect Discrimination' 'unjustifiable Hardship' 'access to Public Transport' 'goods and Services Discrimination']

Case Brief

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Procedural Posture

Disability Discrimination Complaint / Primary Determination by Tribunal; Set Aside by Appeal and Remitted to Tribunal

Legal Issues

  1. 1 ["Whether the respondent's requirement that passengers board buses via steps constitutes unreasonable indirect discrimination on the ground of disability under the Anti-Discrimination Act 1977" 'Whether providing accessible buses on Routes 600, 606, and 607 would impose unjustifiable hardship on the respondent']

Ratio Decidendi

While the requirement that the applicant enter buses via steps was found to be unreasonable, the respondent established that requiring accessible buses on the relevant routes would impose unjustifiable hardship, given cost, operational, and logistical considerations; therefore, the complaint was dismissed under the Anti-Discrimination Act 1977.

Court Disposition

Complaint dismissed; no order as to costs (by consent); set aside by appeal and remitted to Tribunal.

Orders

  • ['The complaint is dismissed.' 'By consent, no order as to costs.']