Ferguson v Shoalhaven City Council [2023] NSWCATAD 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ferguson v Shoalhaven City Council [2023] NSWCATAD 276 Hearing dates: 8 February 2023, 30 March 2023, 1 June 2023 Date of orders: 2 October 2023 Decision date: 24 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Tibbey Senior Member J Herberte, General Member Decision: 1. The applicant's claim of racial discrimination is substantiated in part. 2. The remainder of the applicant's complaint of racial discrimination is dismissed. 3. The applicant's complaint of victimisation is substantiated. 4. An apology be furnished to the applicant, in such terms as the respondent sees fit, within 28 days of the date of publication of these reasons for decision. 5. Damages by way of compensation in the sum of $10,000 is to be paid to the applicant within 28 days of the date of publication of this decision. 6. The respondent shall take all necessary steps to review the bar on the applicant attending at and/or staying at any of the parks under the control of the respondent, including Lake Tabourie. This review shall be conducted pursuant to the rules and procedures now put in place by the respondent. 7. Within 12 months of the date of publication of this decision, the respondent shall undertake anti-discrimination training for all personnel working in holiday parks operating on land owned by the respondent. Catchwords: HUMAN RIGHTS – Racial Discrimination - Victimisation Legislation Cited: Anti-Discrimination Act, 1977 (NSW) Cases Cited: Asnicar v Mondo Consulting Pty Ltd [2004] NSWADT 143 Bassili v The Star Pty Ltd [2016] NSWCATAD 167 Commission of Corrective Services v Aldridge [2000] NSWADTAP5; Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24; Caton v Richmond Club Ltd [2003] NSWADT 202; Commission of Corrective Services v Aldridge [2000] NSWADTAP5; Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232 Cook v Scruffy Murphy's Pty Ltd [2007] NSWADT 129 D v Berkeley Challenge Pty Ltd [2001] NSWADT 92 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Grass v Voyager Tennis Pty Ltd [2023] NSWCATAP 168 Grogan and Ors v First Rate Leisure Pty Limited and Ors [2007] NSWADT 294; Hall v A&A Sheiban Pty Ltd [1989] FCA 72; 20 FCR 217 Hubbard v Roads and Traffic Authority of NSW [2010] NSW ADT 99 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Texts Cited: Rees, Rice and Allen, Australian Anti-Discrimination Law, Federation Press, Third Edition 2018 Principal judgment Category: Principal judgment Parties: Geoffrey Ferguson (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: S McIntosh (Respondent)