Sleeman v Tulloch Pty Ltd (t/a Palms on Oxford) [2013] NSWADT 235

Sleeman v Tulloch Pty Ltd (t/a Palms on Oxford) [2013] NSWADT 235

The Tribunal found on the balance of probabilities that Mr Sleeman's exclusion from the nightclub was not on the grounds of age, but based on perceived intoxication and argumentative behaviour by the doorman. There was no probative evidence that age was a real or genuine reason for the exclusion. Accordingly, the complaint of age discrimination was not established.

Jurisdiction
Australia
Judgment Date
24 October 2013
Procedural Posture
Complaint of Age Discrimination / Final Decision
Outcome
Complaint dismissed
Legal Topics
['age Discrimination' 'provision of Goods and Services' 'vicarious Liability' 'costs' 'statutory Authority Defence']
['anti Discrimination' 'administrative Law'] ['age Discrimination' 'provision of Goods and Services' 'vicarious Liability' 'costs' 'statutory Authority Defence']

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

Complaint of Age Discrimination / Final Decision

Legal Issues

  1. 1 ['Whether the respondent nightclub discriminated against the applicant on the ground of age by refusing entry' 'Whether the refusal constituted provision of goods and services under the Anti-Discrimination Act 1977' "Whether the respondent's agent was acting for the respondent" 'Whether age was the real, genuine, or true reason for the exclusion' 'Whether statutory defences under ADA or Liquor Act applied' 'Whether costs should be awarded']

Ratio Decidendi

The Tribunal found on the balance of probabilities that Mr Sleeman's exclusion from the nightclub was not on the grounds of age, but based on perceived intoxication and argumentative behaviour by the doorman. There was no probative evidence that age was a real or genuine reason for the exclusion. Accordingly, the complaint of age discrimination was not established.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed' 'Application for costs is refused']