Winslow v City West Housing Pty Ltd [2016] NSWCATAD 174

Winslow v City West Housing Pty Ltd [2016] NSWCATAD 174

There is no serious question to be tried because the notice to vacate was an individual requirement and not a general condition, making it unsuitable for an indirect discrimination claim; further, the notice was lawfully issued under the Residential Tenancies Act 2010 (NSW), and the Tribunal cannot invalidate a lawfully enacted provision via the Anti-Discrimination Act.

Parties
Applicant: Tahnee Winslow; Respondent: City West Housing Pty Ltd
Jurisdiction
Australia
Judgment Date
24 May 2016
Procedural Posture
Application for Interim Order / Interlocutory Decision
Outcome
Application for interim order is dismissed.
Legal Topics
Interim Orders, Disability Discrimination, Residential Tenancy Termination
Anti Discrimination Law Tenancy Law Interim Orders Disability Discrimination Residential Tenancy Termination

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Parties

Tahnee Winslow

Applicant

City West Housing Pty Ltd

Respondent

Procedural Posture

Application for Interim Order / Interlocutory Decision

Legal Issues

  1. 1 Whether an interim order under s 105 of the Anti-Discrimination Act 1977 (NSW) should be granted to prevent the respondent from taking steps to terminate a residential tenancy agreement pending determination of the discrimination complaint
  2. 2 Whether the conduct constitutes indirect disability discrimination under s 49B(1)(b) of the Anti-Discrimination Act 1977 (NSW)

Ratio Decidendi

There is no serious question to be tried because the notice to vacate was an individual requirement and not a general condition, making it unsuitable for an indirect discrimination claim; further, the notice was lawfully issued under the Residential Tenancies Act 2010 (NSW), and the Tribunal cannot invalidate a lawfully enacted provision via the Anti-Discrimination Act.

Court Disposition

Application for interim order is dismissed.

Orders

  • The applicant's application for an interim order is dismissed.