Christopherson v The Star Pty Ltd [2024] NSWCATAD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Christopherson v The Star Pty Ltd [2024] NSWCATAD 58 Hearing dates: 21 September 2023, 12 October 2023 Date of orders: 06 March 2024 Decision date: 06 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: 1. Leave is granted under s 96(1) of the Anti-Discrimination Act 1977 for the Applicant's complaint regarding the incident of 4 September 2022 to proceed with respect to: (a) Direct and/or indirect age discrimination in contravention of ss 49YZA and 40YZN of the Act; (b) Indirect disability discrimination in contravention of ss 49B(1)(b) and 49M(1)(a) of the Act in relation to the requirement to provide secondary identification in the form of a bank card; and (c) Victimisation in contravention of s 50 of the Act with respect to the Applicant's complaint of age discrimination by: (i) Asking the Applicant to leave the premises; (ii) Referring the Applicant to police; and (iii) After 4 September 2022, issuing the Applicant with a WOL letter. 2. Leave is refused under s 96(1) of the Anti-Discrimination Act 1977 in relation to the remainder of the Applicant's complaint. 3. The matter is listed for case conference on Wednesday, 27 March 2024, at 2.00pm. Catchwords: HUMAN RIGHTS – Discrimination – equal opportunity – provision of services - age discrimination - disability discrimination – direct or indirect – victimisation - leave required for complaint to proceed – principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 Casino Control Act 1992 Casino Control Regulation 2019 Liquor Act 2007 Cases Cited: Abela v State of Victoria [2013] FCA 832 Bonella & Ors v Wollongong City Council [2001] NSWADT 194 Catholic Education Office v Clarke (2004) 138 FCR 121 Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCA 388 Langley v Niland [1981] 2 NSWLR 104 New South Wales v Amery (2006) 230 CLR 174 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Sklavos v Australasian College of Dermatologists [2017] FCAFC 128 Tate v Rafin [2000] FCA 1582 Walker v Victoria [2011] FCA 258 Waters & Ors v Public Transport Corporation (1991) 173 CLR 349 Wiggins v Department of Defence - Navy [2006] FMCA 800; 200 FLR 438 Texts Cited: None cited Category: Principal judgment Parties: Liam Christopherson (Applicant) The Star Pty Ltd (Respondent) Representation: Counsel: M Foran (Respondent)