Wade v Lord Howe Island Board Administration Office [2020] NSWCATAD 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wade v Lord Howe Island Board Administration Office [2020] NSWCATAD 190 Hearing dates: 12 February 2020 Date of orders: 24 July 2010 Decision date: 24 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon, Senior Member M Murray, General Member Decision: Pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 and section 102 of the Anti-Discrimination Act 1977, the proceedings are dismissed Catchwords: HUMAN RIGHTS - discrimination – grounds – age and disability CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings Cases Cited: IW v City of Perth [1997-97] 191 CLR 1 Rainsford v Victoria (2007) 167 FCR 1 Texts Cited: None cited Category: Principal judgment Parties: Chris Wade (Applicant) Lord Howe Island Board Administration Office (Respondent) Representation: Counsel: N Gaven (Respondent)

Solicitors: Applicant (Self Represented) File Number(s): 2019/00376890 Publication restriction: None

Judgment 1. The applicant, Mr Wade, complains that the Lord Howe Island Board discriminated against him and members of his family on the grounds of disability and age in 2019, when it declined his application to bring a vehicle onto the island. The Board seeks summary dismissal of the proceedings, on the basis among others that the complaint is not justiciable by the Tribunal because, in making its decision, the Board was not providing a 'service' as defined in the Anti-Discrimination Act 1977.