McHatton v Sydney of City Council [2024] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McHatton v Sydney of City Council [2024] NSWCATAD 149 Hearing dates: 14 February 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: (1) Leave to proceed with the complaint of discrimination on the ground of marital and domestic status is refused. (2) Leave to proceed with the complaint of victimisation is refused. Catchwords: EQUAL OPPORTUNITY — leave to proceed — principles applying to grant of leave — discrimination on the basis of marital and domestic status — victimisation Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: CZH v University of Technology Sydney [2017] NSWCATAD 82 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Category: Principal judgment Parties: Craig McHatton (Applicant) City of Sydney Council (Respondent) Representation: Solicitors: Applicant (self-represented) S Nooney (City of Sydney Council) (Respondent) File Number(s): 2023/00441412 Publication restriction: None

REASONS FOR DECISION 1. The applicant, Mr Craig McHatton, complained that he was discriminated against and victimised by the respondent. 2. The President of Anti-Discrimination NSW declined Mr McHatton's complaint of discrimination and victimisation. The complaint was declined pursuant to s 92(1)(a)(i) of the Anti-Discrimination Act 1977 (the AD Act) for the reason that it was lacking in substance. 3. The matter is before the Tribunal to determine whether the applicant should be granted leave to proceed under s 96 of the AD Act.