Carberry -V- Culburra Bowling & Recreation Club Limited [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Carberry -V- Culburra Bowling & Recreation Club Limited [1997] NSWEOT

COMPLAINANT: Ronald Carberry

RESPONDENT: Culburra Bowling & Recreation Club Limited

NUMBER: 146 of 1995

Mr Graham Ireland ( Judicial Member ) TRIBUNAL: Ms M Alt Mr O McDonald OAM

GROUNDS OF COMPLAINT: Race Discrimination in the area of Registered Clubs

DATES OF HEARING: 08/07/1996; 08/08/1996; 08/09/1996; 09/11/1996; 11/20/1996; 11/21/1996; 12/11/1996 DATE OF JUDGMENT: 03/14/1997

Complainant: Mr S Apps South Coast Aboriginal Legal Service (Solicitors) Mr J Wilson (Counsel) LEGAL REPRESENTATIVES: Respondent: Mr B Boone Piggott Stinson Stuart Thom (Solicitors) Mr I Neill (Counsel)

JUDGMENT IN FAVOUR OF: Respondent

The Tribunal has inquired into a complaint referred to it by the President of the Anti-Discrimination Board under section 94(1) of the Anti-Discrimination Act 1977 (the Act).

At the conclusion of the evidence for the complainant, on 9 August 1996, the respondent made an application under section 111(1) of the Act for the complaint to be dismissed on the ground that it lacked substance. On 6 September 1996 the Tribunal determined that it was not satisfied, on the status of the evidence that the complaint was so lacking in substance that it was incapable of being established, and the Tribunal dismissed the application.

The inquiry has proceeded and all evidence from both parties has now been presented and considered by the Tribunal.