Saade v The Beverage Boys Pty Ltd t/as theloft & Bungalow8 Bars [2009] NSWADT 255

Saade v The Beverage Boys Pty Ltd t/as theloft & Bungalow8 Bars [2009] NSWADT 255

The Tribunal accepted that the Respondent provided services within s 19 of the Anti-Discrimination Act 1977 and that Dr Saade was refused entry on both occasions, but was not satisfied on the balance of probabilities that persons not perceived to be of Lebanese descent were treated more favourably in materially similar circumstances, or that Dr Saade was refused entry because of his race. The alleged September remarks could not be attributed to an identified person or found to have been spoken on the balance of probabilities, and the Respondent's guest-list and capacity explanations provided an innocent explanation for the refusals. Insufficient evidence was provided to substantiate the...

Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Complaint of Race Discrimination in the Provision of Goods and Services Under the Anti Discrimination Act 1977 / Hearing in the Equal Opportunity Division of the Administrative Decisions Tribunal After Referral by the President of the Anti Discrimination Board
Outcome
Complaint dismissed; no order as to costs.
Legal Topics
['race Discrimination' 'goods and Services' 'direct Discrimination' 'licensed Premises' 'burden of Proof' 'circumstantial Evidence']
['anti Discrimination Law'] ['race Discrimination' 'goods and Services' 'direct Discrimination' 'licensed Premises' 'burden of Proof' 'circumstantial Evidence']

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Procedural Posture

Complaint of Race Discrimination in the Provision of Goods and Services Under the Anti Discrimination Act 1977 / Hearing in the Equal Opportunity Division of the Administrative Decisions Tribunal After Referral by the President of the Anti Discrimination Board

Legal Issues

  1. 1 ["Whether the Respondent's staff treated Dr Saade less favourably when he tried to enter the Respondent's premises." 'If Dr Saade was treated less favourably, whether the reason for that treatment was his Lebanese descent.' "Whether the evidence supported an inference that race was at least one of the reasons for Dr Saade's refusal of entry on 15 September 2007 or 2 November 2007."]

Ratio Decidendi

The Tribunal accepted that the Respondent provided services within s 19 of the Anti-Discrimination Act 1977 and that Dr Saade was refused entry on both occasions, but was not satisfied on the balance of probabilities that persons not perceived to be of Lebanese descent were treated more favourably in materially similar circumstances, or that Dr Saade was refused entry because of his race. The alleged September remarks could not be attributed to an identified person or found to have been spoken on the balance of probabilities, and the Respondent's guest-list and capacity explanations provided an innocent explanation for the refusals. Insufficient evidence was provided to substantiate the...

Court Disposition

Complaint dismissed; no order as to costs.

Orders

  • ['The complaint is dismissed' 'No order as to costs.']