Connor v Australian Financial Complaints Authority Ltd [2025] NSWCATAD 46

Connor v Australian Financial Complaints Authority Ltd [2025] NSWCATAD 46

The applicant did not provide adequate medical or other evidence to establish that he had a disability as defined by the Anti-Discrimination Act 1977, nor did he establish that any difficulties encountered or allegedly less favourable treatment by the respondent were because of his disability or that any requirement impacted him as a person with disability. Therefore, the complaint of disability discrimination was not substantiated.

Parties
Applicant: Robert Connor; Respondent: Australian Financial Complaints Authority Ltd
Jurisdiction
Australia
Judgment Date
20 February 2025
Procedural Posture
Complaint / Final Decision
Outcome
Complaint dismissed
Legal Topics
Disability Discrimination, Goods and Services, Complaint Resolution Scheme, Mental Health Condition
Anti Discrimination Law Administrative Law Disability Discrimination Goods and Services Complaint Resolution Scheme Mental Health Condition

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 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Robert Connor

Applicant

Australian Financial Complaints Authority Ltd

Respondent

Procedural Posture

Complaint / Final Decision

Legal Issues

  1. 1 Whether the respondent discriminated against the applicant on the ground of disability under the Anti-Discrimination Act 1977 in provision of goods and services
  2. 2 Whether the conduct complained of constituted direct or indirect discrimination
  3. 3 Whether the respondent failed to provide necessary supports or access to coping mechanisms due to applicant's disability

Ratio Decidendi

The applicant did not provide adequate medical or other evidence to establish that he had a disability as defined by the Anti-Discrimination Act 1977, nor did he establish that any difficulties encountered or allegedly less favourable treatment by the respondent were because of his disability or that any requirement impacted him as a person with disability. Therefore, the complaint of disability discrimination was not substantiated.

Court Disposition

Complaint dismissed

Orders

  • The complaint of disability discrimination made by Mr Connor and referred by the President of the Anti-Discrimination Board and received by the Tribunal Registry on 12 October 2023 is dismissed.