Blakeley v Wattle Residential Parks Pty Ltd [2020] NSWCATAD 165

Blakeley v Wattle Residential Parks Pty Ltd [2020] NSWCATAD 165

'Accommodation' under s 49N of the Anti-Discrimination Act 1977 (NSW) is interpreted to include a caravan site operated under the Residential (Land Leases) Communities Act 2013 (NSW). The application to amend the complaint to include discrimination in relation to accommodation under ss 49N(2)(a) and (c) is allowed,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Administrative and Equal Opportunity Division Tribunal Application / Interlocutory Ruling on Amendment of Complaint and Joinder of Party
Outcome
Application to amend complaint granted; application to join new respondent refused
Legal Topics
['disability Discrimination' 'amendment of Complaint' 'joinder of Parties' "interpretation of 'accommodation' Under Anti Discrimination Act"]
['human Rights' 'discrimination Law' 'administrative Law'] ['disability Discrimination' 'amendment of Complaint' 'joinder of Parties' "interpretation of 'accommodation' Under Anti Discrimination Act"]

Source-derived case record

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Procedural Posture

Administrative and Equal Opportunity Division Tribunal Application / Interlocutory Ruling on Amendment of Complaint and Joinder of Party

Legal Issues

  1. 1 ['Whether the complaint should be amended to include reference to s 49N(2)(a) and (c) Anti-Discrimination Act (NSW)' "Whether 'accommodation' under the Anti-Discrimination Act 1977 (NSW) includes a caravan site under the Residential (Land Leases) Communities Act 2013 (NSW)" 'Whether Woronora Communities Pty Ltd should be joined as a respondent']

Ratio Decidendi

'Accommodation' under s 49N of the Anti-Discrimination Act 1977 (NSW) is interpreted to include a caravan site operated under the Residential (Land Leases) Communities Act 2013 (NSW). The application to amend the complaint to include discrimination in relation to accommodation under ss 49N(2)(a) and (c) is allowed, as the acts alleged could fall within the broader meaning of 'accommodation', no new facts are raised, and no prejudice to the respondent is found. The request to join Woronora Communities Pty Ltd is refused as evidence shows Wattle Park Residential Parks Pty Ltd is the operator responsible for the acts complained of, and no necessity for joinder is established.

Court Disposition

Application to amend complaint granted; application to join new respondent refused

Orders

  • ['The application to amend the complaint in these proceedings by adding reference to s 49N(2)(a) and (c) is granted.' 'The application to join Woronora Communities Pty Ltd as a respondent in the proceedings is refused.']