Marsden V HREOC & Coffs Habour and District Ex servicemen & Womens Memorial Club [2000] FCA 1619

FEDERAL COURT OF AUSTRALIA

Marsden v HREOC & Coffs Harbour & District Ex-Servicemen & Women's Memorial Club Ltd [2000] FCA 1619

DISCRIMINATION LAW – disability discrimination – applicant refused service of alcohol, removed from club and deprived of membership of club – discrimination alleged on the basis of opioid dependence – whether opioid dependence a "disability" for the purposes of the Disability Discrimination Act 1992 (Cth) – whether Inquiry Commissioner gave consideration to whether the Club treated the applicant "less favourably" than it would have treated a person who was not opioid dependent in circumstances that were the same or not materially different – lack of evidence before Inquiry Commissioner as to relative treatment of members by the Club – meaning of "less favourable" – criteria of reasonableness and subjective intention not relevant WORDS & PHRASES – "less favourable"

Administrative Decisions (Judicial Review) Act 1977 (Cth) Disability Discrimination Act 1992 (Cth) ss 4, 5, 10, 27 Human Rights Legislation Amendment Act (No 1) 1999 (Cth) Anti-Discrimination Act 1977 (NSW)

Boehringer Ingelheim Pty Limited v Reddrop [1984] 2 NSWLR 13, applied Hains v Leves (1987) 8 NSWLR 442, applied Australian Iron and Steel Pty Ltd v Banovic (1989) 168 CLR 165, cited Waters v Public Transport Corporation (1991) 173 CLR 349, cited Perth City v DL (1994) 88 LGERA 45, referred to WAYNE EDWARD MARSDEN v HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION and COFFS HARBOUR & DISTRICT EX-SERVICEMEN & WOMEN'S MEMORIAL CLUB LTD N 1107 of 1999 BRANSON J SYDNEY 15 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1107 of 1999

BETWEEN: WAYNE EDWARD MARSDEN

APPLICANT

AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION

FIRST RESPONDENT