Colgar v Hardwick [2013] NSWADT 254

Colgar v Hardwick [2013] NSWADT 254

Ms Colgar did not establish a factual or legal basis for the complaint: she failed to identify a service provided to her, lacked evidence of less favourable treatment constituting discrimination, and the causal element was insufficiently supported; therefore, it is not fair or just for the complaint to proceed.

Parties
Applicant: Nezahat Colgar; Respondent: Robert Hardwick
Jurisdiction
Australia
Judgment Date
12 November 2013
Procedural Posture
Complaint / Leave Application
Outcome
Leave refused; complaint will not proceed.
Legal Topics
Disability Discrimination, Provision of Services, Direct Discrimination, Presumed Disability
Anti Discrimination Disability Discrimination Provision of Services Direct Discrimination Presumed Disability

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Parties

Nezahat Colgar

Applicant

Robert Hardwick

Respondent

Procedural Posture

Complaint / Leave Application

Legal Issues

  1. 1 Whether it is fair and just for Ms Colgar's complaint of presumed disability discrimination to proceed against Dr Hardwick
  2. 2 Whether Dr Hardwick provided a service to Ms Colgar
  3. 3 Whether there was differential treatment on grounds of presumed mental illness

Ratio Decidendi

Ms Colgar did not establish a factual or legal basis for the complaint: she failed to identify a service provided to her, lacked evidence of less favourable treatment constituting discrimination, and the causal element was insufficiently supported; therefore, it is not fair or just for the complaint to proceed.

Court Disposition

Leave refused; complaint will not proceed.

Orders

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