Liao v St Vincent's Hospital Sydney Ltd [2013] NSWADT 119

Liao v St Vincent's Hospital Sydney Ltd [2013] NSWADT 119

Leave was refused because the complaint lacked substance and was unlikely to succeed. Several allegations did not concern a service or the terms on which a service was provided; the blood pressure allegation was not a refusal of a service and was medically explained; the assessment, diagnosis and record keeping...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Application for Permission for a Declined Complaint of Race and Disability Discrimination to Proceed Under the Anti Discrimination Act 1977 / Leave Application Before the Equal Opportunity Division of the Administrative Decisions Tribunal
Outcome
Leave to proceed is refused.
Legal Topics
['race Discrimination' 'disability Discrimination' 'provision of Goods and Services' 'leave to Proceed After Complaint Declined' 'hospital Services']
['anti Discrimination Law' 'equal Opportunity Law'] ['race Discrimination' 'disability Discrimination' 'provision of Goods and Services' 'leave to Proceed After Complaint Declined' 'hospital Services']

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Procedural Posture

Application for Permission for a Declined Complaint of Race and Disability Discrimination to Proceed Under the Anti Discrimination Act 1977 / Leave Application Before the Equal Opportunity Division of the Administrative Decisions Tribunal

Legal Issues

  1. 1 ["Whether it was fair and just to grant leave for Ms Liao's declined complaint to proceed." 'Whether the allegations about hospital treatment, assessment, diagnosis, blood pressure measurement, record keeping and complaint handling had sufficient merit as race or disability discrimination claims.' 'Whether the alleged conduct involved refusal of a service or the terms on which a service was provided, and whether there was evidence of less favourable treatment and causation on the grounds of race or disability.']

Ratio Decidendi

Leave was refused because the complaint lacked substance and was unlikely to succeed. Several allegations did not concern a service or the terms on which a service was provided; the blood pressure allegation was not a refusal of a service and was medically explained; the assessment, diagnosis and record keeping allegations lacked evidence of differential treatment or causation by race or disability; and although the China remark was likely connected to Ms Liao's race, it was likely to be characterised as the manner of treatment rather than the terms of the hospital service.

Court Disposition

Leave to proceed is refused.

Orders

  • ['Leave is refused.']