Kingsbury v Melbourne City Mission [2024] FCA 1390

Kingsbury v Melbourne City Mission [2024] FCA 1390

There is insufficient evidence to suggest the applicant has a tenable claim of unlawful age-based discrimination. Accordingly, leave to commence a proceeding under s 46PO of the AHRC Act is refused.

Parties
Applicant: Michael Kingsbury; First Respondent: Melbourne City Mission; Second Respondent: Department of Families, Fairness and Housing; Third Respondent: HousingFirst
Jurisdiction
Australia
Judgment Date
03 December 2024
Procedural Posture
Application for Leave to Commence Proceeding Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Application for Leave Dismissed
Outcome
Application for leave dismissed
Legal Topics
Age Discrimination, Leave to Commence Proceedings, Provision of Social Housing
Human Rights Discrimination Law Age Discrimination Leave to Commence Proceedings Provision of Social Housing

Case Brief

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Parties

Michael Kingsbury

Applicant

Melbourne City Mission

First Respondent

Department of Families, Fairness and Housing

Second Respondent

HousingFirst

Third Respondent

Procedural Posture

Application for Leave to Commence Proceeding Under S 46 PO of the Australian Human Rights Commission Act 1986 (cth) / Application for Leave Dismissed

Legal Issues

  1. 1 Whether applicant has a tenable claim of unlawful age-based discrimination
  2. 2 Whether leave should be granted to commence proceedings under s 46PO of the AHRC Act

Ratio Decidendi

There is insufficient evidence to suggest the applicant has a tenable claim of unlawful age-based discrimination. Accordingly, leave to commence a proceeding under s 46PO of the AHRC Act is refused.

Court Disposition

Application for leave dismissed

Orders

  • The applicant be refused leave to make an application to this Court pursuant to s 46PO of the Australian Human Rights Commission Act 1986 (Cth) concerning the allegations of unlawful discrimination that were the subject of his complaint lodged with the Australian Human Rights Commission on 14 November 2023 and...