Mewett v Michael Roberts Strata Management Services Pty Ltd [2020] NSWCATAD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mewett v Michael Roberts Strata Management Services Pty Ltd [2020] NSWCATAD 160 Hearing dates: 15 June 2020 Date of orders: 24 June 2020 Decision date: 24 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member J Green, General Member Decision: (1) The complaint is dismissed. (2) The respondent's costs application is dismissed. Catchwords: ANTI-DISCRIMINATION – Disability discrimination in the provision of services – Where applicant suffered from a disability which made it hard for him to communicate in writing - Whether service provider refused to communicate with the applicant by telephone – Whether service provider imposed a requirement that the applicant only communicate with it in writing – Whether special circumstances exist warranting an order for costs Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: El-Kassir v Commissioner of Police, NSW Police Force [2018] NSWCATAD 232 Texts Cited: None cited Category: Principal judgment Parties: Scott Mewett (Applicant) Michael Roberts Strata Management Services Pty Ltd (Respondent) Representation: Solicitors: LM Kariithi (Applicant) Mr J McGrath, Licensee in Charge of respondent (Respondent) File Number(s): 2019/00338958 Publication restriction: Nil

reasons for decision 1. Mr Mewett, a lot owner in a strata scheme, claimed that a strata managing agent discriminated against him on the ground of disability. He said that the agent did this by failing to communicate with him in telephone calls, when he had told the agent's employees that, as a result of his disability, he had difficulty communicating in writing. 2. We have found that Mr Mewett has failed to establish the facts necessary to make out his case. Accordingly, we have dismissed his application.