Christopherson v The Star Pty Ltd [2024] NSWCATAD 58

Christopherson v The Star Pty Ltd [2024] NSWCATAD 58

Taking the Applicant's evidence at its highest, it was fair and just to grant leave for the age discrimination complaint because requiring persons under 25 to provide secondary identification was arguably less favourable treatment on the ground of age and it was not clear that s 49ZYQ applied; indirect age discrimination was also arguable on the evidence. Direct disability discrimination could not proceed because there was no evidence the Respondent knew of the Applicant's disability, but indirect disability discrimination was arguable in relation to an alleged requirement to provide secondary identification in the form of a bank card, because the Applicant's evidence linked inability to...

Jurisdiction
Australia
Judgment Date
06 March 2024
Procedural Posture
Anti Discrimination Complaint Referred to the Tribunal After ADNSW Declined the Complaint as Lacking in Substance / Leave Application Under S 96(1) of the Anti Discrimination Act 1977
Outcome
Leave granted in part and refused in part; matter listed for case conference.
Legal Topics
['age Discrimination in Provision of Services' 'disability Discrimination in Provision of Services' 'indirect Discrimination' 'direct Discrimination' 'victimisation' 'leave for Complaint to Proceed']
['human Rights' 'anti Discrimination' 'equal Opportunity' 'administrative Law'] ['age Discrimination in Provision of Services' 'disability Discrimination in Provision of Services' 'indirect Discrimination' 'direct Discrimination' 'victimisation' 'leave for Complaint to Proceed']

Case Brief

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Procedural Posture

Anti Discrimination Complaint Referred to the Tribunal After ADNSW Declined the Complaint as Lacking in Substance / Leave Application Under S 96(1) of the Anti Discrimination Act 1977

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave under s 96(1) of the Anti-Discrimination Act 1977 for the Applicant's complaint to proceed after ADNSW declined it as lacking in substance." "Whether the Respondent's requirement that persons under 25 provide secondary identification was arguably direct or indirect age discrimination in the provision of services." 'Whether the exception in s 49ZYQ of the Anti-Discrimination Act 1977 excluded the age discrimination complaint from being unlawful.' "Whether the Applicant's disability discrimination complaint could proceed as direct or indirect disability discrimination." 'Whether requiring secondary identification in the form of a bank card was arguably indirect disability discrimination.' 'Whether asking the Applicant to leave, referring him to police, and issuing a WOL letter could amount to victimisation because he complained of age discrimination.']

Ratio Decidendi

Taking the Applicant's evidence at its highest, it was fair and just to grant leave for the age discrimination complaint because requiring persons under 25 to provide secondary identification was arguably less favourable treatment on the ground of age and it was not clear that s 49ZYQ applied; indirect age discrimination was also arguable on the evidence. Direct disability discrimination could not proceed because there was no evidence the Respondent knew of the Applicant's disability, but indirect disability discrimination was arguable in relation to an alleged requirement to provide secondary identification in the form of a bank card, because the Applicant's evidence linked inability to...

Court Disposition

Leave granted in part and refused in part; matter listed for case conference.

Orders

  • ["Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 for the Applicant's complaint regarding the incident of 4 September 2022 to proceed with respect to direct and/or indirect age discrimination in contravention of ss 49YZA and 40YZN of the Act, indirect disability discrimination in contravention of...