Federal Court of Australia
Te
"IDEMENT No. 237 / $6... CATCHWORDS
RACIAL DISCRIMINATION - Refusal of service in hotel - Whether refusal actuated by race or colour of persons requesting service - Complaint procedure - Duplication of hearings by
Human Rights and Equal Opportunity Commission and Federal
Court.
Racial Discrimination Act 1975 ss.13, 18, 24, 25A, 252, 25ZA rtunity Commission (Transitional
TG 11 of 1987 ANTHONY LAURENCE MAYNARD v MICHAEL DAVID NEILSON
Wilcox J Sydney 27 May 1988
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IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 11 OF 1987
—~—~S
GENERAL DIVISION
BETWEEN: ANTHONY LAURENCE MAYNARD
Applicant
AND: MICHAEL DAVID NEILSON
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 27 MAY 1988
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The Application be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN _THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TG 11 of 1987
~— ee ww
GENERAL DIVISION
BETWEEN: ANTHONY LAURENCE MAYNARD
Applicant
AND: MICHAEL DAVID NEILSON
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 27 MAY 1988
REASONS FOR JUDGMENT
On the evening of Saturday 2 June 1984 four Aboriginal men were refused service at Maloney's Hotel, Hobart. That fact is undisputed. But the parties are in dispute as to whether that refusal was an act of racial discrimination or was occasioned by the failure of one or more of the men to satisfy the exacting dress standards then
imposed at the hotel.
Section 13 of the Racial Discrimination Act 1975 makes it unlawful, amongst other things, for a person who supplies goods or services to the public or to any section of
the public to refuse or fail on demand to supply those goods
aw
or services to another person by reason of the race, colour or national or ethnic origin of that other person or of any relative or associate of that other person. Section 18 of the Act makes it clear that a refusal or failure to supply may offend s.13 notwithstanding that the refusal or failure was occasioned by more than one reason, provided that the race, colour or national or ethnic origin of a person is the
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