Grovenor v Eldridge [2000] FCA 1574

Grovenor v Eldridge [2000] FCA 1574

The unchallenged evidence established that the respondent did not allow the applicant entry to his store solely because she was accompanied by her guide dog. That conduct amounted to discrimination within s 9 of the Disability Discrimination Act 1992 (Cth) and was unlawful under s 23(1)(a), warranting a declaration and damages in the amount assessed by the Inquiry Commissioner.

Jurisdiction
Australia
Judgment Date
19 October 2000
Procedural Posture
Application for an Order to Enforce a Determination Made by the Human Rights and Equal Opportunity Commission / Final Judgment
Outcome
Application granted.
Legal Topics
['disability Discrimination' 'guide Dog Access to Premises' 'enforcement of Human Rights and Equal Opportunity Commission Determination']
['discrimination Law'] ['disability Discrimination' 'guide Dog Access to Premises' 'enforcement of Human Rights and Equal Opportunity Commission Determination']

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Procedural Posture

Application for an Order to Enforce a Determination Made by the Human Rights and Equal Opportunity Commission / Final Judgment

Legal Issues

  1. 1 ["Whether the respondent's refusal to allow the applicant and her guide dog access to the store was unlawful under s 23(1)(a) of the Disability Discrimination Act 1992 (Cth)." "Whether the Court should enforce the Commissioner's determination and award damages."]

Ratio Decidendi

The unchallenged evidence established that the respondent did not allow the applicant entry to his store solely because she was accompanied by her guide dog. That conduct amounted to discrimination within s 9 of the Disability Discrimination Act 1992 (Cth) and was unlawful under s 23(1)(a), warranting a declaration and damages in the amount assessed by the Inquiry Commissioner.

Court Disposition

Application granted.

Orders

  • ['It be declared that on 2 January 1998 the respondent engaged in conduct which is unlawful pursuant to s 23(1)(a) of the Disability Discrimination Act 1992 (Cth).' 'The respondent pay to the applicant damages in the amount of $1,000.']