Horwood -V- Ryde-Hunters Hill Community Housing Co-Operative (No. 1) [1996] NSWEOT

Horwood -V- Ryde-Hunters Hill Community Housing Co-Operative (No. 1) [1996] NSWEOT

The Tribunal refused to dismiss the whole complaint under section 111(1) because, although the rehousing matter was not before the Tribunal and the allegations concerning dispossession of belongings and furniture were not capable of substantiating race or disability discrimination, the material was not so incapable of establishing the remaining race discrimination complaint concerning the Respondent's eviction actions and supply of services that the Complainant should be prevented from proceeding to a final hearing.

Jurisdiction
Australia
Judgment Date
25 September 1996
Procedural Posture
Complaint of Discrimination on the Grounds of Race and Disability in the Areas of Accommodation and the Provision of Services / Respondent's Application Under Section 111(1) of the Anti Discrimination Act, 1977 to Dismiss the Complaint Before Formal Evidence
Outcome
Application to dismiss the complaint under section 111(1) refused; no order as to costs.
Legal Topics
['race Discrimination' 'disability Discrimination' 'dismissal of Complaint as Incapable of Substantiation' 'eviction' 'dispossession of Belongings and Furniture']
['anti Discrimination Law' 'accommodation' 'provision of Services'] ['race Discrimination' 'disability Discrimination' 'dismissal of Complaint as Incapable of Substantiation' 'eviction' 'dispossession of Belongings and Furniture']

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Procedural Posture

Complaint of Discrimination on the Grounds of Race and Disability in the Areas of Accommodation and the Provision of Services / Respondent's Application Under Section 111(1) of the Anti Discrimination Act, 1977 to Dismiss the Complaint Before Formal Evidence

Legal Issues

  1. 1 ['Whether the complaint should be dismissed under section 111(1) of the Anti-Discrimination Act, 1977 on the ground that it was not capable of being substantiated.' "Whether the Tribunal could consider alleged discrimination arising from the Complainant's application to be rehoused." 'Whether the claim concerning dispossession of belongings and furniture should be rejected as an abuse of process because of pending District Court proceedings.' 'Whether the material was capable of substantiating race discrimination in relation to dispossession of belongings and furniture.' 'Whether the material was capable of substantiating disability discrimination in relation to dispossession of belongings and furniture.' "Whether the material was capable of substantiating race discrimination under section 7 and section 20(2)(b) of the Anti-Discrimination Act, 1977 in relation to the Respondent's supply of services and eviction action."]

Ratio Decidendi

The Tribunal refused to dismiss the whole complaint under section 111(1) because, although the rehousing matter was not before the Tribunal and the allegations concerning dispossession of belongings and furniture were not capable of substantiating race or disability discrimination, the material was not so incapable of establishing the remaining race discrimination complaint concerning the Respondent's eviction actions and supply of services that the Complainant should be prevented from proceeding to a final hearing.

Court Disposition

Application to dismiss the complaint under section 111(1) refused; no order as to costs.

Orders

  • ['The Tribunal decided not to make an order that the complaint be dismissed under section 111(1) of the Anti-Discrimination Act, 1977.' 'There will be no orders in relation to costs of this application.']