Bassili v The Star Pty Ltd [2016] NSWCATAD 167
There was no evidence suggesting the applicant's disability was a reason for refusing to revoke the exclusion order; the refusal was based on problem gambling concerns supported by psychological assessment. It was not fair or just to allow the complaint to proceed.
- Jurisdiction
- Australia
- Judgment Date
- 27 July 2016
- Procedural Posture
- Application for Leave to Proceed With Complaint of Disability Discrimination / Leave Application Before the Civil and Administrative Tribunal of New South Wales
- Outcome
- Leave to proceed with complaint refused
- Legal Topics
- ['disability Discrimination' 'casino Exclusion Orders' 'leave to Proceed' 'fair and Just Test']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Proceed With Complaint of Disability Discrimination / Leave Application Before the Civil and Administrative Tribunal of New South Wales
Legal Issues
- 1 ["Whether it is fair and just for the applicant's complaint of disability discrimination to proceed against the respondent's refusal to revoke an exclusion order" "Whether the applicant's exclusion was on the ground of disability or due to problem gambling"]
Ratio Decidendi
There was no evidence suggesting the applicant's disability was a reason for refusing to revoke the exclusion order; the refusal was based on problem gambling concerns supported by psychological assessment. It was not fair or just to allow the complaint to proceed.
Court Disposition
Leave to proceed with complaint refused
Orders
- ["The applicant's application for leave for the complaint of disability discrimination to proceed is refused."]
Full Case Text
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