Mazenco -V- Kymfone Pty Ltd T/A L J Hooker Real Estate (Cronulla) [1998] NSWEOT

Mazenco -V- Kymfone Pty Ltd T/A L J Hooker Real Estate (Cronulla) [1998] NSWEOT

The Tribunal dismissed the complaint because, after considering the evidence and documents, it found that the complainant had not been discriminated against on any ground. She was not discriminated against in the letting of the premises, there was no evidence of discrimination concerning repairs, the evidence showed she was not discriminated against when seeking new premises, and the Tribunal could not identify any disability or perceived disability, nor any discrimination on that basis.

Jurisdiction
Australia
Judgment Date
24 February 1998
Procedural Posture
Complaint of Discrimination and Sexual Harassment in the Provision of Goods and Services/accommodation / Hearing and Judgment Before the Equal Opportunity Tribunal of New South Wales
Outcome
Complaint dismissed; judgment in favour of the respondent.
Legal Topics
['discrimination in Accommodation' 'sexual Harassment' 'disability Discrimination' 'perceived Disability' 'repairs During Tenancy' 'access to Alternative Premises']
['anti Discrimination Law' 'accommodation' 'residential Tenancy'] ['discrimination in Accommodation' 'sexual Harassment' 'disability Discrimination' 'perceived Disability' 'repairs During Tenancy' 'access to Alternative Premises']

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Procedural Posture

Complaint of Discrimination and Sexual Harassment in the Provision of Goods and Services/accommodation / Hearing and Judgment Before the Equal Opportunity Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the complainant was discriminated against by the respondents during her tenancy of the premises.' 'Whether the complainant was sexually harassed in the course of the tenancy or provision of accommodation.' 'Whether the complainant was discriminated against in relation to repairs to the premises.' 'Whether the complainant was discriminated against when seeking new premises from the respondents.' 'Whether the complainant was discriminated against on the ground of disability or perceived disability.']

Ratio Decidendi

The Tribunal dismissed the complaint because, after considering the evidence and documents, it found that the complainant had not been discriminated against on any ground. She was not discriminated against in the letting of the premises, there was no evidence of discrimination concerning repairs, the evidence showed she was not discriminated against when seeking new premises, and the Tribunal could not identify any disability or perceived disability, nor any discrimination on that basis.

Court Disposition

Complaint dismissed; judgment in favour of the respondent.

Orders

  • ['The complaint is dismissed.' 'No order as to cost.']