Colgar v Curtin [2013] NSWADT 255

The applicant's allegations, even if proven, were unlikely to establish that Dr Curtin refused her services or provided them on less favourable terms because of a presumed disability. The factual and legal prospects of success were so slight that it was not fair or just for the complaint to proceed.

Jurisdiction: Australia
Judgment Date: 12 November 2013
Procedural Posture: Complaint (equal Opportunity/discrimination) / Application for Leave to Proceed With a Declined Complaint
Outcome: Leave refused; complaint cannot proceed
Legal Topics: ['disability Discrimination' 'provision of Services' 'leave to Proceed' 'presumed Disability' 'causation in Discrimination' 'medical Services Discrimination']

['anti Discrimination Law' 'equal Opportunity Law'] ['disability Discrimination' 'provision of Services' 'leave to Proceed' 'presumed Disability' 'causation in Discrimination' 'medical Services Discrimination']

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Procedural Posture

Complaint (equal Opportunity/discrimination) / Application for Leave to Proceed With a Declined Complaint

Legal Issues

1 ["Whether it is fair and just for the applicant's complaint of presumed disability discrimination to proceed" 'Whether the facts alleged constitute discrimination under s 49M of the Anti-Discrimination Act 1977' 'Whether the applicant received services on less favourable terms because of her presumed disability']

Ratio Decidendi

Court Disposition

Leave refused; complaint cannot proceed

Orders

["Leave is refused for the applicant's complaint of presumed disability discrimination to proceed."]