Evans v McConaghy Shopping Centres Pty Ltd [2022] NSWCATAD 406

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Evans v McConaghy Shopping Centres Pty Ltd [2022] NSWCATAD 406 Hearing dates: 27 September 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: 1. Pending final determination in these proceedings, the first respondent is to permit the applicant to attend the premises known as Grafton Shoppingworld accompanied by her assistance dog. 2. Grant liberty to the parties on three days' notice to have the matter re-listed for further directions. Catchwords: HUMAN RIGHTS — Legislation — Anti-Discrimination Act 1977 (NSW) – interim order – prima facie case – balance of convenience – complaints of victimisation and discrimination on ground of disability Legislation Cited: Anti-Discrimination Act 1977 (NSW) Companion Animals Act 1998 (NSW) Disability Discrimination Act 1992 (Cth) Work Health & Safety Act 2011 (NSW) Cases Cited: Dhillon v Rail Corporation of NSW [2009] NSWADTAP 63 Australian Broadcasting Corp (ABC) v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 McEwan v 365 Site Services Pty Ltd [2016] NSWCATAD 310 Texts Cited: Nil Category: Principal judgment Parties: Vicki Evans (Applicant) McConaghy Shopping Centres Pty Ltd (First Respondent) Brendan Wilson (Second Respondent) Representation: Counsel: K Fallah (Applicant) D Payard (Respondents)