Bassili v The Star Pty Ltd [2016] NSWCATAD 167

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Proceed With Complaint of Disability Discrimination / Leave Application Before the Civil and Administrative Tribunal of New South Wales

  1. 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."]