Smith v Bunnings Group Limited [2023] FCA 516

Federal Court of Australia

Smith v Bunnings Group Limited [2023] FCA 516 File number(s): QUD 415 of 2022

Judgment of: SARAH C DERRINGTON J

Date of judgment: 24 May 2023

Catchwords: HUMAN RIGHTS – application alleging unlawful discrimination under the Disability Discrimination Act 1992 (Cth) – whether respondent engaged in direct or indirect discrimination – whether respondent engaged in unlawful discrimination – where respondent required customers to wear face mask or produce medical exemption – where no evidence adduced as to alleged disability PRACTICE AND PROCEDURE – application for leave to commence proceeding otherwise barred by operation of s 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth) – where applicant requires leave following termination of compliant by the Australian Human Rights Commission – whether claim is reasonably arguable – whether applicant adduced sufficient evidence to support allegations in the application – where applicant did not depose to truth of allegations

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO(3A) Disability Discrimination Act 1992 (Cth) ss 4(1), 5, 6, 23, 24, 47(2) Public Health Act 2010 (NSW) ss 7, 10 Work, Health and Safety Act 2011 (NSW) Public Health (COVID-19 Mandatory Face Coverings) Order (No 3) 2021 (NSW)

Cases cited: Budini v Sunnyfield [2019] FCA 2164 Bull v Lee (No 2) [2009] NSWCA 362 Chircop v Technical and Further Education Commission [2022] FCA 1015 James v WorkPower Inc [2018] FCA 2083 Jones v Westpac Banking Corporation [2020] FCA 238 Lu v University of New South Wales (No 2) [2022] FCA 1010 Maksacheff v Commissioner of Police (WA) [2023] FCA 406 Matthews v Markos [2019] FCA 1827 Notaras v Waverley Council [2007] NSWCA 333; 161 LGERA 230 Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460 Purvis v State of New South Wales (Department of Education and Training) [2003] HCA 62; 217 CLR 92