NSW Caselaw
CITATION: Raeburn obo Gaunt v Nelson Bay RSL Memorial Club Ltd (No.2) [2008] NSWADT 74
DIVISION: Equal Opportunity Division
APPLICANT Pamela Raeburn obo Victoria Gaunt PARTIES: RESPONDENT Nelson Bay RSL Memorial Club Ltd
FILE NUMBER: 051122
HEARING DATES: 11-13 September 2006, 3 April 2007
SUBMISSIONS CLOSED: 18 July 2007
DATE OF DECISION: 7 March 2008
BEFORE: Ireland G - Judicial Member; Nemeth de Bikal L - Non Judicial Member; Schneeweiss J - Non Judicial Member
CATCHWORDS: Disability Discrimination - Registered Club
MATTER FOR DECISION: Principal matter
LEGISLATION CITED : Anti-Discrimination Act 1977 Legal Profession Act 2004
CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Cleary Bros (Bombo) v Cvetkovski (EOD) [2001] NSWADTAP 10
APPLICANT J Wormington, barrister REPRESENTATION: RESPONDENT K Edwards, barrister
ORDERS: 1. The complaint of the applicant that she was unlawfully discriminated against as she was informed that she was considered not to be a responsible adult because of her disability, is not substantiated. The complaint be dismissed 2. That the applicant pay to the respondent the costs of the respondent incurred in preparing a defence to the foreshadowed making of a second complaint by the applicant. The amount of those costs to be agreed, or failing agreement between the parties within 21 days of the date of this decision, the amount of those costs to be assessed in accordance with the Legal Profession Act 2004.
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