Hardiman v Parramatta City Council [2024] NSWCATAD 242

Hardiman v Parramatta City Council [2024] NSWCATAD 242

Leave was granted because, taking the evidence at its highest, the agreed closure of the toilets and the serious factual dispute about the adequacy of parking and kerb ramps meant it was fair and just for the complaint to proceed so that the applicant's claims of disability discrimination, particularly possible...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Application for Leave to Proceed With a Complaint of Disability Discrimination Under the Anti Discrimination Act 1977 (nsw) / Leave Application After Anti Discrimination NSW Declined the Complaint
Outcome
Leave to proceed with the Complaint is granted.
Legal Topics
['disability Discrimination' 'indirect Discrimination' 'access to Park Facilities' 'leave to Proceed With Complaint' 'provision of Goods and Services' 'unjustifiable Hardship']
['human Rights' 'anti Discrimination Law' 'administrative Law'] ['disability Discrimination' 'indirect Discrimination' 'access to Park Facilities' 'leave to Proceed With Complaint' 'provision of Goods and Services' 'unjustifiable Hardship']

Source-derived case record

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Procedural Posture

Application for Leave to Proceed With a Complaint of Disability Discrimination Under the Anti Discrimination Act 1977 (nsw) / Leave Application After Anti Discrimination NSW Declined the Complaint

Legal Issues

  1. 1 ['Whether leave should be granted for the applicant to proceed with a disability discrimination complaint after Anti-Discrimination NSW declined it under s92(1)(a)(vi) of the Anti-Discrimination Act 1977 (NSW).' 'Whether the respondent had taken appropriate steps to remedy or redress the conduct, or part of the conduct, complained of.' "Whether the applicant's allegations concerning parking, kerb ramps, access and closed toilets raised a plausible case of direct or indirect disability discrimination sufficient to justify leave." 'Whether it was fair and just to grant leave so the claims could be tested on evidence.']

Ratio Decidendi

Leave was granted because, taking the evidence at its highest, the agreed closure of the toilets and the serious factual dispute about the adequacy of parking and kerb ramps meant it was fair and just for the complaint to proceed so that the applicant's claims of disability discrimination, particularly possible indirect discrimination affecting persons with mobility disabilities, could be tested on evidence rather than refused at the leave stage.

Court Disposition

Leave to proceed with the Complaint is granted.

Orders

  • ['Leave to proceed with the Complaint is granted.']