State Transit Authority v Sloey & Anor [1999] NSWSC 47

New South Wales Supreme Court CITATION : State Transit Authority v Sloey & Anor [1999] NSWSC 47 CURRENT JURISDICTION : Administrative Law FILE NUMBER(S) : 30073/98 HEARING DATE(S) : 04/02/99; 23/02/99. JUDGMENT DATE : 12 March 1999

State Transit Authority (Plaintiff)

PARTIES : Peter Eric Sloey (First Defendant)

Equal Opportunities Tribunal (Second Defendant) JUDGMENT OF : Barr J at 1

LOWER COURT JURISDICTION : Equal Opportunities Tribunal LOWER COURT FILE NUMBER(S) : 153/96 LOWER COURT JUDICIAL OFFICER : Tribunal sitting as Mr G Innes (Judicial Member), Ms R Cox (Member), Mr D McNeill (Member)

Ms A Katzmann SC/Mr P Newall (Plaintiff) COUNSEL : Mr T Lynch (First Defendant) Sparke Helmore (Plaintiff)

SOLICITORS : Writer Ryan Boesen (First Defendant)

I V Knight (Second Defendant) CATCHWORDS : Discrimination on ground of disability - characteristic appertaining to persons who have a disability - whether it is a characteristic of persons suffering a certain disability that they often undergo a certain medical procedure - meaning of "characteristic"; Discrimination on ground of disability - characteristic appertaining to persons who have a disability - whether Equal Opportunity Tribunal might conclude without evidence that it is a characteristic of persons suffering from blockage of a coronary artery that they often undergo coronary artery graft surgery; Discrimination on ground of disability - whether employer who certifies employees unfit by category rather than by reference to the personal circumstances of individuals has a statutory defence of necessity. Anti-Discrimination Act 1977 ss 49A 49B ACTS CITED : 49D 54 Occupational Health and Safety Act 1983 ss 15 16 Bear v Norwood Private Nursing Home (1984) EOC ¶92-109 Carrington Slipways Pty Limited v Callaghan (1985) 11 IR 467 Shannon v Comalco Aluminium Limited (1986) 19 IR 358 CASES CITED : Cullen v State Rail Authority (NSW) (1989) 31 IR 207 Kitt v Tourism Commission (1987) EOC ¶92-196 Bugden v State Rail Authority of NSW (1991) EOC ¶92-360 Clinch v Commissioner of Police (1987) EOC ¶92-203 H J Heinz Co Australia Limited v Turner 1 July 1998 unreported DECISION : Summons dismissed with costs.