Lance Tyrrell v Coles Supermarkets Australia Pty Ltd [2020] NSWCATAD 57

Lance Tyrrell v Coles Supermarkets Australia Pty Ltd [2020] NSWCATAD 57

The Tribunal dismissed the application because it was not satisfied that Coles imposed the alleged requirement or condition that Mr Tyrrell had to present with bags other than his small grey bags to have groceries packed. The evidence showed only a policy that bags would be packed if clean and undamaged, and any refusals by individual staff for other reasons were not shown to be authorised by Coles. Mr Tyrrell also failed to prove that any relevant requirement was unreasonable, that he could not comply with it, or that a substantially higher proportion of persons without his disability or not of his age or age group could comply. The home delivery claims failed because there was...

Jurisdiction
Australia
Judgment Date
18 February 2020
Procedural Posture
Application Under the Anti Discrimination Act 1977 (nsw) Alleging Indirect Discrimination on the Grounds of Disability and Age in the Provision of Goods and Services / Decision After Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
Application dismissed.
Legal Topics
['indirect Discrimination' 'disability Discrimination' 'age Discrimination' 'provision of Goods and Services' 'requirement or Condition' 'reasonableness of Requirement or Condition' 'home Delivery Services']
['anti Discrimination Law' 'administrative Law'] ['indirect Discrimination' 'disability Discrimination' 'age Discrimination' 'provision of Goods and Services' 'requirement or Condition' 'reasonableness of Requirement or Condition' 'home Delivery Services']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under the Anti Discrimination Act 1977 (nsw) Alleging Indirect Discrimination on the Grounds of Disability and Age in the Provision of Goods and Services / Decision After Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether Coles imposed a requirement or condition that Mr Tyrrell present with bags other than his small grey bags in order for staff to pack his groceries.' 'Whether any requirement or condition about bags was unreasonable and one with which Mr Tyrrell could not or was not able to comply.' "Whether a substantially higher proportion of persons without Mr Tyrrell's disability, or not of his age or age group, could comply with the alleged bag requirement or condition." "Whether Coles Online's minimum spend requirement for home delivery amounted to indirect disability or age discrimination."]

Ratio Decidendi

The Tribunal dismissed the application because it was not satisfied that Coles imposed the alleged requirement or condition that Mr Tyrrell had to present with bags other than his small grey bags to have groceries packed. The evidence showed only a policy that bags would be packed if clean and undamaged, and any refusals by individual staff for other reasons were not shown to be authorised by Coles. Mr Tyrrell also failed to prove that any relevant requirement was unreasonable, that he could not comply with it, or that a substantially higher proportion of persons without his disability or not of his age or age group could comply. The home delivery claims failed because there was...

Court Disposition

Application dismissed.

Orders

  • ['The application under the Anti-Discrimination Act 1977 (NSW) is dismissed.']