Stanley -v- Wellington Bowling Club Limited [2003] NSWADT 139

Stanley -v- Wellington Bowling Club Limited [2003] NSWADT 139

The Tribunal found that the severity of suspensions imposed by the Club was directly related to whether the member had previously appeared before the Board and been suspended for inappropriate behaviour. The only members suspended for 7 years were the applicant, Robert Don and Louise Clark, and Don and Clark were not Aboriginal but had also previously been suspended. There was no evidence that the applicant was treated less favourably on the ground of race.

Jurisdiction
Australia
Judgment Date
11 June 2003
Procedural Posture
Race Discrimination Complaint Concerning a Registered Club / Principal Matter Decision
Outcome
Complaint dismissed
Legal Topics
['race Discrimination' 'registered Clubs' 'suspension of Club Membership' 'less Favourable Treatment']
['anti Discrimination Law'] ['race Discrimination' 'registered Clubs' 'suspension of Club Membership' 'less Favourable Treatment']

Case Brief

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Procedural Posture

Race Discrimination Complaint Concerning a Registered Club / Principal Matter Decision

Legal Issues

  1. 1 ['Whether the Club treated the applicant less favourably than it treated a non-Aboriginal person in the same or similar circumstances.' 'If the Club treated the applicant less favourably, whether that treatment was on the ground of race.']

Ratio Decidendi

The Tribunal found that the severity of suspensions imposed by the Club was directly related to whether the member had previously appeared before the Board and been suspended for inappropriate behaviour. The only members suspended for 7 years were the applicant, Robert Don and Louise Clark, and Don and Clark were not Aboriginal but had also previously been suspended. There was no evidence that the applicant was treated less favourably on the ground of race.

Court Disposition

Complaint dismissed

Orders

  • ['That the complaint be dismissed.' 'No order as to costs.']