Lyttle v Everglades Country Club Limited [2021] NSWCATAD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lyttle v Everglades Country Club Limited [2021] NSWCATAD 52 Hearing dates: 27 January 2021 Date of orders: 8 March 2021 Decision date: 08 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr R Dubler SC, Senior Member Dr M Murray, General Member Decision: (1) The Tribunal finds the complaint substantiated in whole. (2) The Tribunal orders the respondent to pay the complainant damages in the amount of $220. (3) Subject to any significant adverse change in the financial circumstances of the respondent, the respondent is restrained from charging an annual fee for the right of members to use their own motorised cart on the golf course in the case of members who can demonstrate they require the use of such golf cart due to their disabilities. Catchwords: HUMAN RIGHTS – Anti-discrimination – claim of indirect discrimination on the ground of disability by imposing an annual fee of $220 on members who use their own golf cart on the golf course – whether such fee is unreasonable – whether the "user pays principle" makes such fee reasonable – allegation that such a fee has a disproportional impact on the applicant as he has medically certified disabilities which require him to use a golf cart. Legislation Cited: Anti-Discrimination Act 1977 (NSW); s 4, s 49A – s 49C, s 49O, s 92C, s 93C(b); s 108(2)(b) Equal Opportunity Act 1984 (Vict.); s 44 Registered Clubs Act 1976 (NSW); s 10(1)(i) Cases Cited: Alders International Pty Ltd v Anstee (1986) 5 NSWLR 47 Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Bonella & Ors v Wollongong City Council [2001] NSWADT 194 Catholic Education Office v Clark (2004) 138 FCR 121 Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 Conroy v Nelson Bay Golf Club [2015] NSWCATAD 243 State of NSW v Amery (2006) 230 CLR 174 South West Africa, Second Phase, Judgment, I.C.J. Reports 1966 p6 Vines v Djordjevitch (1955) 91 CLR 512 Walker v State of Victoria [2011] FCA 258 Waters v Public Transport Corporation (1991) 173 CLR 349 Texts Cited: Sir Hersch Lauterpacht, An International Bill of the Rights of Man, 1945 Category: Principal judgment Parties: Mark Lyttle (Applicant) Everglades Country Club Limited (Respondent) Representation: Applicant (Self Represented) R Seabrook (General Manger) (Respondent) File Number(s): 2020/00308688 Publication restriction: Nil