Moavenian v Transport for NSW [2021] NSWCATAD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moavenian v Transport for NSW [2021] NSWCATAD 77 Hearing dates: 10 March 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: Leave for the complaints to proceed under s 96(1) of the Anti-Discrimination Act 1977 is refused. Catchwords: HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave HUMAN RIGHTS – equal opportunity — discrimination on ground of race – qualifying bodies – victimisation Legislation Cited: Anti-Discrimination Act 1977 (NSW) Driving Instructors Act 1992 (NSW) Cases Cited: Carroll v Department of Family and Community Services [2015] NSWCATAD 82 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Elliott v Nanda & Commonwealth [2001] FCA 418 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Hossein Moavenian (Applicant) Transport for NSW (First Respondent) Commissioner of Police (Second Respondent) Andrew Cotton (Third Respondent) Representation: Counsel: M Waters (Applicant)

Solicitors: Illawarra Legal Centre (Applicant) Crown Solicitor (First Respondent) Kingston Reid (Second and Third Respondents) File Number(s): 2020/00365381 Publication restriction: None