Chatwin v Bodyline Spa and Sauna Pty Ltd (No 2) [2020] NSWCATAD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chatwin v Bodyline Spa and Sauna Pty Ltd (No 2) [2020] NSWCATAD 198 Hearing dates: On the papers Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) The respondent Bodyline Spa and Sauna Pty Ltd is removed as a party to the proceedings. (2) The application to join Jason Harrigan and PJBL Pty Ltd as respondents is refused. (3) Orders 1 and 2 will not take effect until 28 days from the date of publication of this decision. (4) At the expiration of 28 days from the date of publication of the decision, the proceedings will be listed for the applicant to show cause why they should not be dismissed under s92(1)(a)(i) of the Anti-Discrimination Act. Catchwords: CIVIL PROCEDURE – Parties – joinder of parties as respondents – principles applying – removal of party as respondent HUMAN RIGHTS – discrimination – grounds - disability – continued conduct Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Administrative Decisions Tribunal Act 1997 Cases Cited: Chatwin v Bodyline Spa and Sauna Pty Ltd [2020] NSWCATAD 69 Commissioner, NSW Police Force v Fine [2014] 87 NSWLR 1; [2014] NSWCA 327 Goldsteen v TCI Bondi Junction Pty Ltd [2018] NSWCATAD 135) Hanratty v Kempsey Shire Council [2002] NSWADT 232 Najdovska & Ors v Australian Iron and Steel Pty Ltd (1985) EOC 92-140 Wollongong City Council v Bonella & ors and Bonella & ors v Wollongong City Council (EOD) [2002] NSWADTAP 26 Roach v James [2013] NSWADTAP 1 Texts Cited: None cited Category: Procedural and other rulings Parties: Murray Chatwin (Applicant) Bodyline Spa and Sauna Pty Ltd (Respondent) Representation: Counsel: A Guy (Respondent)