Hurst v Star City Pty Ltd (EOD) [2010] NSWADTAP 81

Hurst v Star City Pty Ltd (EOD) [2010] NSWADTAP 81

The Appeal Panel found that Mr Hurst's grounds of appeal concerned factual errors and credibility assessments, which do not amount to errors of law. The Tribunal was entitled to prefer the evidence of the respondent's security staff and contemporaneous records. There was no absence of evidence or 'glaring improbability' that would justify appellate intervention. The appeal was dismissed as no legal error was established.

Jurisdiction
Australia
Judgment Date
06 December 2010
Procedural Posture
Appeal / Decision
Outcome
appeal dismissed
Legal Topics
['transgender Discrimination' 'equal Opportunity' 'factual Findings on Credibility']
['anti Discrimination Law'] ['transgender Discrimination' 'equal Opportunity' 'factual Findings on Credibility']

Case Brief

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Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 ["Whether the Tribunal erred in dismissing Mr Hurst's complaint of unlawful transgender discrimination" 'Whether the findings of fact and credibility determinations of the Tribunal were affected by error constituting a question of law']

Ratio Decidendi

The Appeal Panel found that Mr Hurst's grounds of appeal concerned factual errors and credibility assessments, which do not amount to errors of law. The Tribunal was entitled to prefer the evidence of the respondent's security staff and contemporaneous records. There was no absence of evidence or 'glaring improbability' that would justify appellate intervention. The appeal was dismissed as no legal error was established.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed.']