Wong v Board of Studies New South Wales [2010] NSWADT 274

Wong v Board of Studies New South Wales [2010] NSWADT 274

Leave should be granted for Ms Wong's complaint to proceed because, while her direct discrimination claim appears unlikely to succeed, it is possible that a relevant requirement or condition for an indirect discrimination claim could be identified if the service provided is defined broadly. Given the complexity of the law and her lack of legal representation, it is fair and just to allow the matter to proceed.

Jurisdiction
Australia
Judgment Date
16 November 2010
Procedural Posture
Leave Application (anti Discrimination) / Decision on Application for Leave to Proceed After Complaint Declined by President
Outcome
Leave granted for the applicant's complaint to proceed.
Legal Topics
['disability Discrimination' 'leave to Proceed' 'provision of Services' 'direct Discrimination' 'indirect Discrimination']
['anti Discrimination Law'] ['disability Discrimination' 'leave to Proceed' 'provision of Services' 'direct Discrimination' 'indirect Discrimination']

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

Leave Application (anti Discrimination) / Decision on Application for Leave to Proceed After Complaint Declined by President

Legal Issues

  1. 1 ["Whether to grant leave for applicant's complaint of disability discrimination to proceed despite prior declination by President of the Anti-Discrimination Board" 'Whether the complaint has sufficient merit to proceed']

Ratio Decidendi

Leave should be granted for Ms Wong's complaint to proceed because, while her direct discrimination claim appears unlikely to succeed, it is possible that a relevant requirement or condition for an indirect discrimination claim could be identified if the service provided is defined broadly. Given the complexity of the law and her lack of legal representation, it is fair and just to allow the matter to proceed.

Court Disposition

Leave granted for the applicant's complaint to proceed.

Orders

  • ["Leave is granted for the applicant's complaint of disability discrimination to proceed" 'The matter is listed for case conference on 8 December 2010 at 3pm']