Sheather -v- Daley [2003] NSWADT 51

Sheather -v- Daley [2003] NSWADT 51

On the balance of probabilities, Ms Sheather wanted to take over the lease, Mr Daley knew this before leasing the property to another tenant, and he refused her request. The evidence of Ms Sheather and her witnesses was compelling and consistent, while Mr Daley's denials were unsupported. Mr Daley's repeated remarks and conduct showed consciousness of Ms Sheather's Aboriginality and negative views about Aboriginal people as tenants. The Tribunal concluded that his refusal to lease the premises to Ms Sheather was based on race and therefore breached the Anti-Discrimination Act 1977 (NSW). The resulting emotional distress and loss of secure accommodation justified compensation of $10,000.

Jurisdiction
Australia
Judgment Date
12 March 2003
Procedural Posture
Race Discrimination Accommodation / Principal Matter
Outcome
The Tribunal found that the respondent discriminated against the applicant on the ground of race in the provision of accommodation and awarded damages.
Legal Topics
['race Discrimination' 'aboriginality' 'refusal of Lease' 'damages for Discrimination']
['anti Discrimination Law' 'accommodation'] ['race Discrimination' 'aboriginality' 'refusal of Lease' 'damages for 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

Race Discrimination Accommodation / Principal Matter

Legal Issues

  1. 1 ["Whether Mr Daley refused Ms Sheather's request to lease the premises at 8 Lang Street, Inverell." 'Whether any refusal to lease the premises to Ms Sheather was on the ground of race, namely her Aboriginality, contrary to the Anti-Discrimination Act 1977 (NSW).' 'What compensation should be awarded for the discrimination found.']

Ratio Decidendi

On the balance of probabilities, Ms Sheather wanted to take over the lease, Mr Daley knew this before leasing the property to another tenant, and he refused her request. The evidence of Ms Sheather and her witnesses was compelling and consistent, while Mr Daley's denials were unsupported. Mr Daley's repeated remarks and conduct showed consciousness of Ms Sheather's Aboriginality and negative views about Aboriginal people as tenants. The Tribunal concluded that his refusal to lease the premises to Ms Sheather was based on race and therefore breached the Anti-Discrimination Act 1977 (NSW). The resulting emotional distress and loss of secure accommodation justified compensation of $10,000.

Court Disposition

The Tribunal found that the respondent discriminated against the applicant on the ground of race in the provision of accommodation and awarded damages.

Orders

  • ['The Tribunal finds that Sharna Sheather, the applicant, was discriminated against on the ground of race in breach of the Anti-Discrimination Act 1977 (NSW) by Arthur Daley (the respondent).' 'The Tribunal orders Mr Daley to pay $10,000 damages to Ms Sheather on or before 28 days from the date of publication of...