Mosur v Miller [2013] NSWADT 237

Mosur v Miller [2013] NSWADT 237

Leave was refused because the evidence made it highly likely that a Tribunal would find the respondent had made out the s 20(3) exception: he provided accommodation, lived on the premises, and the accommodation was for no more than six people. In those circumstances it was not fair or just for the complaint to proceed.

Jurisdiction
Australia
Judgment Date
08 October 2013
Procedural Posture
Application for Leave for a Race Discrimination Complaint to Proceed / Hearing After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance
Outcome
Leave refused for the applicant's complaint of race discrimination to proceed.
Legal Topics
['race Discrimination' 'eviction From Accommodation' 'leave to Proceed With Declined Complaint' 'accommodation Exception Where Provider Resides on Premises']
['anti Discrimination Law' 'equal Opportunity' 'residential Accommodation'] ['race Discrimination' 'eviction From Accommodation' 'leave to Proceed With Declined Complaint' 'accommodation Exception Where Provider Resides on Premises']

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

Application for Leave for a Race Discrimination Complaint to Proceed / Hearing After the President of the Anti Discrimination Board Declined the Complaint as Lacking in Substance

Legal Issues

  1. 1 ["Whether it was fair and just for the applicant's race discrimination complaint to proceed after it was declined by the President of the Anti-Discrimination Board as lacking in substance." 'Whether the exception in s 20(3) of the Anti-Discrimination Act 1977 applied because the respondent resided on the premises and the accommodation was for no more than 6 persons.']

Ratio Decidendi

Leave was refused because the evidence made it highly likely that a Tribunal would find the respondent had made out the s 20(3) exception: he provided accommodation, lived on the premises, and the accommodation was for no more than six people. In those circumstances it was not fair or just for the complaint to proceed.

Court Disposition

Leave refused for the applicant's complaint of race discrimination to proceed.

Orders

  • ["Leave is refused for the applicant's complaint of race discrimination to proceed."]