Bassili v Star City Pty Ltd [2008] NSWADT 62

Bassili v Star City Pty Ltd [2008] NSWADT 62

The Tribunal found that, taking Mr Bassili's evidence at its highest, there was no material capable of supporting that the treatment he received was less favourable than that which would have been afforded to a hypothetical patron without his disability. Nor was there evidence that the exclusion was imposed because of his disability. Therefore, the complaint lacked substance and was dismissed under section 102 of the Anti-Discrimination Act 1977.

Jurisdiction
Australia
Judgment Date
27 February 2008
Procedural Posture
Discrimination Complaint / Preliminary Decision on Dismissal
Outcome
Complaint dismissed
Legal Topics
['disability Discrimination' 'casino Exclusion Orders' 'summary Dismissal' 'direct Discrimination']
['anti Discrimination Law' 'administrative Law'] ['disability Discrimination' 'casino Exclusion Orders' 'summary Dismissal' 'direct Discrimination']

Case Brief

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Procedural Posture

Discrimination Complaint / Preliminary Decision on Dismissal

Legal Issues

  1. 1 ["Whether Star City's exclusion order against Mr Bassili constituted unlawful disability discrimination under the Anti-Discrimination Act 1977" "Whether Star City's failure to enforce the exclusion order constituted discrimination" 'Whether the complaint should be dismissed as lacking substance or for any other reason under section 102 of the Anti-Discrimination Act 1977']

Ratio Decidendi

The Tribunal found that, taking Mr Bassili's evidence at its highest, there was no material capable of supporting that the treatment he received was less favourable than that which would have been afforded to a hypothetical patron without his disability. Nor was there evidence that the exclusion was imposed because of his disability. Therefore, the complaint lacked substance and was dismissed under section 102 of the Anti-Discrimination Act 1977.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed under section 102 of the Anti-Discrimination Act 1977.']