Cook v Scuffy Murphy's Pty Ltd & anor [2007] NSWADT 129

Cook v Scuffy Murphy's Pty Ltd & anor [2007] NSWADT 129

The complaint against Scruffy Murphy's was substantiated because it conceded that its policy of excluding people of Islander appearance breached s19(a) and that the applicant was discriminated against on the basis of race. The complaint against T & B was substantiated because the Tribunal accepted the applicant's direct evidence, gave little weight to hearsay and general practice evidence from T & B's director, and was comfortably satisfied that T & B's doormen enforced Scruffy's discriminatory policy and thereby aided the breach under s52. Each respondent committed a separate breach and was ordered to pay $2,500.00 general damages; aggravated damages were not warranted and no costs order...

Jurisdiction
Australia
Judgment Date
19 June 2007
Procedural Posture
Race Discrimination Complaint Concerning Goods and Services / Principal Matter; Final Decision After Hearing
Outcome
Complaints against both respondents substantiated; general damages awarded against each respondent; aggravated damages refused; no order as to costs.
Legal Topics
['refusal of Entry to Licensed Venue' 'goods and Services' 'direct Race Discrimination' 'aiding Unlawful Discrimination' 'vicarious Liability' 'general Damages' 'aggravated Damages' 'costs']
['anti Discrimination Law' 'equal Opportunity' 'race Discrimination'] ['refusal of Entry to Licensed Venue' 'goods and Services' 'direct Race Discrimination' 'aiding Unlawful Discrimination' 'vicarious Liability' 'general Damages' 'aggravated Damages' 'costs']

Case Brief

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Procedural Posture

Race Discrimination Complaint Concerning Goods and Services / Principal Matter; Final Decision After Hearing

Legal Issues

  1. 1 ["Whether Scruffy Murphy's Pty Ltd discriminated against the applicant on the ground of race by refusing him entry to the venue." "Whether T & B Corporate Security Services Pty Ltd aided Scruffy Murphy's Pty Ltd in unlawful discrimination by enforcing the exclusion policy." 'What amount of general damages should be awarded for hurt, humiliation, embarrassment and distress.' 'Whether aggravated damages should be awarded against T & B Corporate Security Services Pty Ltd.' 'Whether damages should be joint and several or assessed separately against each respondent.']

Ratio Decidendi

The complaint against Scruffy Murphy's was substantiated because it conceded that its policy of excluding people of Islander appearance breached s19(a) and that the applicant was discriminated against on the basis of race. The complaint against T & B was substantiated because the Tribunal accepted the applicant's direct evidence, gave little weight to hearsay and general practice evidence from T & B's director, and was comfortably satisfied that T & B's doormen enforced Scruffy's discriminatory policy and thereby aided the breach under s52. Each respondent committed a separate breach and was ordered to pay $2,500.00 general damages; aggravated damages were not warranted and no costs order...

Court Disposition

Complaints against both respondents substantiated; general damages awarded against each respondent; aggravated damages refused; no order as to costs.

Orders

  • ['The first respondent is to pay the applicant general damages in the sum of $2,500.00 within 28 days.' 'The second respondent is to pay the applicant general damages in the sum of $2,500.00 within 28 days.' 'No order as to costs.']