Synnott v Council of the City of Sydney [2022] NSWCATAD 117

Synnott v Council of the City of Sydney [2022] NSWCATAD 117

The applicant failed to establish that the pool usage arrangements imposed a 'requirement' or 'condition' within the meaning of the anti-discrimination legislation, and in any event failed to prove that older persons were substantially less able to comply than younger persons or that the requirement was unreasonable.

Parties
Applicant: John Synnott; First Respondent: Council of the City of Sydney; Second Respondent: Belgravia Health and Leisure Group Pty Ltd
Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Complaint Anti Discrimination / Final Determination
Outcome
Complaint dismissed
Legal Topics
Age Discrimination, Provision of Goods and Services, Indirect Discrimination
Human Rights Anti Discrimination Age Discrimination Provision of Goods and Services Indirect Discrimination

Case Brief

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Parties

John Synnott

Applicant

Council of the City of Sydney

First Respondent

Belgravia Health and Leisure Group Pty Ltd

Second Respondent

Procedural Posture

Complaint Anti Discrimination / Final Determination

Legal Issues

  1. 1 Whether the provision of single width swimming lanes constitutes indirect discrimination on the basis of age contrary to the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether there was a ‘requirement’ or ‘condition’ imposed on the applicant in the terms of service under s49ZYA ADA
  3. 3 Whether the alleged requirement or condition was not reasonable

Ratio Decidendi

The applicant failed to establish that the pool usage arrangements imposed a 'requirement' or 'condition' within the meaning of the anti-discrimination legislation, and in any event failed to prove that older persons were substantially less able to comply than younger persons or that the requirement was unreasonable.

Court Disposition

Complaint dismissed

Orders

  • The complaint is not substantiated.
  • The proceedings are dismissed.