Lees v Blacktown Arts and Crafts Group [2021] NSWCATAD 261

Lees v Blacktown Arts and Crafts Group [2021] NSWCATAD 261

The applicants had not applied for membership of the respondent group in accordance with its constitution (which required nomination by a member); therefore, they did not suffer a detriment related to their prior anti-discrimination proceedings, and had not established any grounds justifying a grant of leave to proceed.

Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Application for Leave to Proceed With Complaints Under Anti Discrimination Act 1977 / Determination of Leave to Proceed
Outcome
Leave for the complaints to proceed is refused.
Legal Topics
['victimisation' 'application for Leave' 'detriment' 'lack of Evidence']
['equal Opportunity' 'anti Discrimination Law'] ['victimisation' 'application for Leave' 'detriment' 'lack of Evidence']

Case Brief

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Procedural Posture

Application for Leave to Proceed With Complaints Under Anti Discrimination Act 1977 / Determination of Leave to Proceed

Legal Issues

  1. 1 ['Whether leave should be granted for the complaints to proceed under s 96 of the Anti-Discrimination Act 1977' 'Whether the applicants suffered detriment by reason of prior anti-discrimination proceedings (victimisation)']

Ratio Decidendi

The applicants had not applied for membership of the respondent group in accordance with its constitution (which required nomination by a member); therefore, they did not suffer a detriment related to their prior anti-discrimination proceedings, and had not established any grounds justifying a grant of leave to proceed.

Court Disposition

Leave for the complaints to proceed is refused.

Orders

  • ['Leave for the complaints to proceed is refused.']