Olsen v Lee & Vajopin Pty Ltd trading as LJ Hooker Crows Nest [2010] NSWADT 7

CITATION: Olsen v Lee & Vajopin Pty Ltd trading as LJ Hooker Crows Nest [2010] NSWADT 7

DIVISION: Equal Opportunity Division

Applicant: Gabriella Olsen

PARTIES: First Respondent: Harry Henry Lee

Second Respondent: Vajopin Pty Ltd t/as LJ Hooker Crows Nest

FILE NUMBER: 081030

HEARING DATES: 8 and 9 April 2009

SUBMISSIONS CLOSED: 9 April 2009

DATE OF DECISION: 5 January 2010

BEFORE: Vass S - Judicial Member; Weule B - Non-Judicial Member; Monaghan-Nagle L - Non-Judicial Member

LEGISLATION CITED : Anti-Discrimination Act 1977

Applicant Representative: In person

REPRESENTATION: First Respondent Representative: P O'Loughlan- Barrister

Second Respondent Representative: M. Rosati

ORDERS: The complaint is dismissed

REASONS FOR DECISION

Introduction 1 The proceedings concern an alleged contravention of sections 49N and 52 of the Anti-Discrimination Act 1977 (NSW) ("the AD Act"). The Applicant, Gabriella Olsen ("Ms Olsen") claims that she was subjected to discrimination on the grounds of disability leading to two notices to quit being issued in breach of the AD Act by the first respondent, Henry Harry Lee ("Mr Lee") the owner of the premises at Wollstonecraft which Ms Olsen rented. Ms Olsen claims against the second respondent, Vajopin Pty Limited trading as LJ Hooker Crows Nest ("LJ Hooker"), the managing agent that it aided and abetted breaches of the AD Act by Mr Lee.

2 These proceedings were listed for hearing over two days. Ms Olsen represented herself. Mr Lee was represented by Mr O'Loughlin of counsel and LJ Hooker was represented by Mr Mark Rosati, its director.