Moxon -v- Westbus Pty Ltd [2001] NSWADT 159

Moxon -v- Westbus Pty Ltd [2001] NSWADT 159

The respondent established the defence of unjustifiable hardship as retrofitting or purchasing accessible buses entailed significant cost and operational detriments, outweighing the applicant’s need, at the relevant time (5 April 1997).

Jurisdiction
Australia
Judgment Date
24 September 2001
Procedural Posture
Disability Discrimination / Principal Matter (post Appeal Remitted Hearing)
Outcome
complaint dismissed
Legal Topics
['disability Discrimination' 'goods and Services' 'unjustifiable Hardship']
['anti Discrimination Law'] ['disability Discrimination' 'goods and Services' 'unjustifiable Hardship']

Case Brief

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Procedural Posture

Disability Discrimination / Principal Matter (post Appeal Remitted Hearing)

Legal Issues

  1. 1 ['Whether refusal to provide wheelchair accessible buses constitutes unlawful disability discrimination under the Anti-Discrimination Act 1977' 'Whether Westbus Pty Ltd established the defence of unjustifiable hardship under section 49M(2)']

Ratio Decidendi

The respondent established the defence of unjustifiable hardship as retrofitting or purchasing accessible buses entailed significant cost and operational detriments, outweighing the applicant’s need, at the relevant time (5 April 1997).

Court Disposition

complaint dismissed

Orders

  • ['Complaint dismissed.']