Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre (No 2) [2024] FCA 113

Federal Court of Australia

Lunniss v Comiskey Management Services Pty Ltd trading as Sandstone Point Hotel & Function Centre (No 2) [2024] FCA 113 File number: QUD 435 of 2022

Judgment of: LOGAN J

Date of judgment: 14 February 2024

Catchwords: HUMAN RIGHTS – where the applicant commenced proceedings under the Australian Human Rights Commission Act 1986 (Cth) for alleged disability discrimination, contrary to s 24 of the Disability Discrimination Act 1992 (Cth) – where the applicant was refused access to the respondent's hotel in Bribie Island on 18 January 2021 – where there was a public health emergency due to COVID-19 and the Restrictions for Impacted Areas Direction (No 2) public health direction was in place – where the applicant attempted to access the hotel without a face mask – where applicant believed this was purportedly authorised by the Chief Health Officer due to his medical conditions – where the applicant refused at point of entry to provide a medical certificate when requested by the respondent's staff – whether the respondent's conduct, in requesting a medical certificate and/or refusing entry to the applicant, amounted to direct or indirect disability discrimination – application dismissed

Legislation: Disability Discrimination Act 1992 (Cth) ss 3, 5, 6, 24, 30, 123 Evidence Act 1955 (Cth) s 140 Public Health Act 2005 (Qld)

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 50

Date of hearing: 14 February 2024

Counsel for the Applicant: The applicant appeared in person