McKellar v Bourke Bowling Club Ltd [2015] NSWCATAD 162

McKellar v Bourke Bowling Club Ltd [2015] NSWCATAD 162

Although the suspensions of the applicant's club membership constituted detriments within the Anti-Discrimination Act 1977, the applicant did not prove that the respondent's conduct was on the ground of race or marital status. The Tribunal accepted the respondent's evidence that the suspensions arose from the applicant's conduct during the incidents and from club and licensing procedures, which provided more probable and innocent explanations for the treatment.

Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Discrimination Complaint Under the Anti Discrimination Act 1977 / Principal Judgment After Hearing of Complaints Referred by the President of the Anti Discrimination Board
Outcome
The complaints are dismissed.
Legal Topics
['race Discrimination' 'marital Status Discrimination' 'registered Club Membership Suspension' 'direct Discrimination' 'burden of Proof']
['anti Discrimination Law' 'administrative Law'] ['race Discrimination' 'marital Status Discrimination' 'registered Club Membership Suspension' 'direct Discrimination' 'burden of Proof']

Case Brief

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Procedural Posture

Discrimination Complaint Under the Anti Discrimination Act 1977 / Principal Judgment After Hearing of Complaints Referred by the President of the Anti Discrimination Board

Legal Issues

  1. 1 ['Whether the respondent directly discriminated against the applicant on the ground of race in relation to incidents in May 2011 and 9 July 2011.' 'Whether the respondent directly discriminated against the applicant on the ground of marital status in relation to incidents in May 2011 and 9 July 2011.' "Whether the suspension of the applicant's club membership constituted a detriment within ss 20A and 48A of the Anti-Discrimination Act 1977." "Whether any detriment was caused by the applicant's race or marital status rather than by the respondent's stated reasons concerning behaviour and licensing obligations."]

Ratio Decidendi

Although the suspensions of the applicant's club membership constituted detriments within the Anti-Discrimination Act 1977, the applicant did not prove that the respondent's conduct was on the ground of race or marital status. The Tribunal accepted the respondent's evidence that the suspensions arose from the applicant's conduct during the incidents and from club and licensing procedures, which provided more probable and innocent explanations for the treatment.

Court Disposition

The complaints are dismissed.

Orders

  • ['The complaints of direct discrimination on the ground of race in relation to the complaints of May 2011 and 9 July 2011 are dismissed.' 'The complaints of direct discrimination on the ground of marital status in relation to the incidents of May 2011 and 9 July 2011 are dismissed.' 'Any application for costs and...