Smith v Jamsek [2012] NSWADT 3

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Smith v Jamsek [2012] NSWADT 3 Hearing dates: 15 August 2011 Decision date: 18 January 2012 Jurisdiction: Equal Opportunity Division Before: J Conley, Judicial Member E Hayes, Non-Judicial Member J Schneeweiss, Non-Judicial Member Decision: 1.The respondents Alois Jamsek and Elizabeth Jamsek are ordered to pay the applicant Noel Smith the sum of $5000 compensation pursuant to section 108(2)(a) of the ADA within 28 days from the date of these reasons. 2.The respondents Alois Jamsek and Elizabeth Jamsek are enjoined from unlawful conduct by refusing accommodation at the Rex Guest House to any person on the person's grounds of Aboriginality. 3.The respondents Alois Jamsek and Elizabeth Jamsek are to apologise to the applicant in writing within 28 days from the date of these reasons. 4.The respondents are to pay the applicant's costs as agreed or as assessed. Catchwords: discrimination on the ground of race in the area of accommodation Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Burns v Laws (EOD) [2008] NSWADTAP 32 Chand v Rail Corporation of NSW (No2) [2009] NSWADTAP 27 Qantas Airways v Gama [2008] FCAFC 69 Dutt v Central Coast Area Health Service (2002) NSWADT 133 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Noel Smith (Applicant) Alois Jamsek (First Respondent) Elizabeth Jamsek (Second Respondent) Representation: Counsel Lisa Doust (Applicant ) File Number(s): 101015