Faulkner v ACE Insurance Limited [2011] NSWADT 36

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Faulkner v ACE Insurance Limited [2011] NSWADT 36 Hearing dates: 26 November 2010, 18 January 2011 Decision date: 23 February 2011 Jurisdiction: Equal Opportunity Division Before: R Wright SC, Judicial Member Dr B Weule, Non-Judicial Member Dr J Schneeweiss, Non-Judicial Member Decision: The Tribunal 1)Finds that the complaint in so far as it relates to ACE Insurance Ltd's refusal to supply insurance services under the American Express Repayment Protection Policy to Mr Faulkner in August-September 2009 is substantiated. 2)Dismisses those parts of the complaint that relate to the Ina-suitcase Policy and the American Express Credit Protection Policy. 3)Directs: (a) The respondent to file and serve within 7 days of the date of these orders an affidavit from a senior executive of the respondent giving a full explanation of why the updated policy wording for the American Express Repayment Plan Policy cannot be uploaded onto the internet prior to some time in March 2011. (b) If the applicant wishes to apply for any further orders, in the light of the affidavit to be filed by the respondent or otherwise, such application is to be made by filing and serving a notice of application together with written submissions within 7 days of the filing of the affidavit referred to in the preceding direction. (c) The respondent to file any written submissions in reply within 7 days of the filing of the notice of application referred to in the preceding direction. (d) Any application made by the applicant under direction (b) will be dealt with on the papers. Catchwords: Race Discrimination - Goods and Services - Direct Discrimination - Indirect Discrimination Legislation Cited: Anti Discrimination Act 1977 (NSW) Migration Act 1958 (Cth) Social Security Act 1991 (Cth) Anti Discrimination Amendment (Miscellaneous Provisions) Act 2004 Equal Opportunity Act 1995 (Vic) Racial Discrimination Act 1975 (Cth) Cases Cited: MacDonald v Puplick [1998] NSWSC 428 Wollongong City Council v Bonella [2002] NSWADTAP 26 Sydney University Post Graduate Representative Association v Minister for Transport Services [2006] NSWADT 83 Cobaw Community Health Services v Christian Youth Camps Ltd [2010] VCAT 1613 JQ v Double Bay Out of School Hours Inc (2) [2010] NSWADT 257 Grogan v First Rate Leisure Pty Ltd [2007] NSWADT 294 Macabenta v Minister for Immigration and Multicultural Affairs (1998) 90 FCR 202 Contreras-Ortiz v Commissioner, Department of Corrective Services [2008] NSWADT 308 Purvis v State of New South Wales (2003) 217 CLR 92 Amery v State of New South Ales (Director General NSW Department of Education and Training) [2004] NSWCA 404 New South Wales v Amery (2006) 230 CLR 174 Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Commonwealth Bank of Australia v Human Rights and Equal Opportunity Commission (1997) 80 FCR 78 Australian Medical Council v Wilson (1996) 68 FCR 46 Waters v Public Transport Corporation (1991) 173 CLR 349 Secretary, Department of Foreign Affairs and Trade v Styles (1989) 23 FCR 251 Gardiner v WorkCover Authority of New South Wales [2004] NSWADTAP 1 Category: Principal judgment Parties: David Richard Faulkner (Applicant) Ace Insurance Ltd (Respondent) Representation: C Ronalds SC (Respondent) D Faulkner (Applicant- in person) Radford Lawyers Pty Ltd (Respondent) File Number(s): 101064