Klewer v Happy Harbourside Pty Ltd trading as Harbourside Markets [2024] NSWCATAD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Klewer v Happy Harbourside Pty Ltd trading as Harbourside Markets [2024] NSWCATAD 61 Hearing dates: 27 July 2023, 13 September 2023 Date of orders: 07 March 2024 Decision date: 07 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: Leave is refused under s 96(1) of the Anti-Discrimination Act 1977 (NSW) for the complaint against the Respondent to proceed. Catchwords: HUMAN RIGHTS - discrimination - equal opportunity — victimisation – previous proceedings - leave required for complaint to proceed — whether complaint lacking in substance - principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Langley v Niland [1981] 2 NSWLR 104 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 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Texts Cited: None Cited Category: Principal judgment Parties: Lucy Klewer on behalf of Robert Klewer (Applicant) Happy Harbourside Pty Ltd trading as Harbourside Markets (Respondent) Representation: Applicant: Self-represented Respondent: K Towner File Number(s): 2023/00179322 Publication restriction: None