Evans v McConaghy Shopping Centres Pty Ltd [2022] NSWCATAD 406

Evans v McConaghy Shopping Centres Pty Ltd [2022] NSWCATAD 406

Ms Evans established a prima facie case of discrimination and victimisation. The balance of convenience favoured granting interim relief, as the harm to Ms Evans from exclusion outweighed the respondent’s asserted safety concerns, especially where no less-restrictive options were proposed and medical evidence supported therapeutic benefit in her return accompanied by her assistance dog.

Jurisdiction
Australia
Judgment Date
21 December 2022
Procedural Posture
Application for Interim Relief Under Anti Discrimination Legislation / Interim Orders Pending Final Determination
Outcome
Interim order granted in favour of applicant
Legal Topics
['interim Relief' 'assistance Animals' 'victimisation' 'direct Discrimination' 'indirect Discrimination']
['human Rights' 'anti Discrimination' 'disability Law'] ['interim Relief' 'assistance Animals' 'victimisation' 'direct Discrimination' 'indirect Discrimination']

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Procedural Posture

Application for Interim Relief Under Anti Discrimination Legislation / Interim Orders Pending Final Determination

Legal Issues

  1. 1 ['Whether applicant has established a prima facie case of discrimination or victimisation under the Anti-Discrimination Act 1977 (NSW)' 'Whether interim relief permitting the applicant to attend Grafton Shoppingworld with her assistance dog should be granted' 'Balance of convenience between parties, including risks to health and safety']

Ratio Decidendi

Ms Evans established a prima facie case of discrimination and victimisation. The balance of convenience favoured granting interim relief, as the harm to Ms Evans from exclusion outweighed the respondent’s asserted safety concerns, especially where no less-restrictive options were proposed and medical evidence supported therapeutic benefit in her return accompanied by her assistance dog.

Court Disposition

Interim order granted in favour of applicant

Orders

  • ['Pending final determination in these proceedings, the first respondent is to permit the applicant to attend the premises known as Grafton Shoppingworld accompanied by her assistance dog.' "Liberty granted to the parties on three days' notice to have the matter re-listed for further directions."]