Hurst v Star City Pty Ltd (No 2) [2010] NSWADT 65

Hurst v Star City Pty Ltd (No 2) [2010] NSWADT 65

The Tribunal found that Mr Hurst was not refused a service or provided unfavourable terms by the respondent. The only person asked to leave was Mr Pitt due to a breach of the dress code. Even if it were implied that Mr Hurst should leave, the reason was related to the companion's non-compliance with the dress code and not discrimination on the ground of transgender status.

Jurisdiction
Australia
Judgment Date
09 March 2010
Procedural Posture
Discrimination Complaint / Merits Hearing and Decision
Outcome
Complaint dismissed
Legal Topics
['transgender Discrimination' 'refusal of Service']
['anti Discrimination Law'] ['transgender Discrimination' 'refusal of Service']

Case Brief

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Procedural Posture

Discrimination Complaint / Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether the respondent discriminated against the applicant by refusing service on the ground of transgender status contrary to the Anti-Discrimination Act 1977.']

Ratio Decidendi

The Tribunal found that Mr Hurst was not refused a service or provided unfavourable terms by the respondent. The only person asked to leave was Mr Pitt due to a breach of the dress code. Even if it were implied that Mr Hurst should leave, the reason was related to the companion's non-compliance with the dress code and not discrimination on the ground of transgender status.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed.']