Alnajdi v The University of Sydney [2024] NSWCATAD 380

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Alnajdi v The University of Sydney [2024] NSWCATAD 380 Hearing dates: 9 October 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: 1) Leave is granted under s96(1) of the Anti-Discrimination Act 1997 to proceed with: (a) a complaint of indirect disability discrimination pursuant to ss 49B(1)(b) and 49L(2),(3) and (4) of the Anti-Discrimination Act 1997. 2) Leave is refused under s96(1) of the Anti-Discrimination Act 1997 in relation to the remainder of the complaint. 3) The proceeding is to be listed for a case conference by direction of the Registrar. Catchwords: HUMAN RIGHTS – Discrimination – equal opportunity – education - disability discrimination – direct or indirect – race discrimination - leave required for complaint to proceed – principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Bassili v The Star Pty Ltd [2016] NSWCATAD 167 Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Hubbard v Roads and Traffic Authority of NSW [2010] NSWADT 99 Jones & Anor v Ekermawi [2009] NSWCA 388 Langley v Niland [1981] 2 NSWLR 104 Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 Purvis v State of New South Wales [2003] HCA 62 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29 Category: Principal judgment Parties: Ghazi Alnajdi (Applicant) The University of Sydney (Respondent) Representation: Solicitors: The University of Sydney, Office of General Counsel (Respondent) File Number(s): 2024/00328577 Publication restriction: None