Trevanion v Wyangala Country Club Ltd [2012] NSWADT 257

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Trevanion v Wyangala Country Club Ltd [2012] NSWADT 257 Hearing dates: 30 November 2012 Decision date: 30 November 2012 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The termination of the licence agreement between Mr Trevanion and Wyangala Country Club is stayed pending further order of the Tribunal. 2. The hearing is expedited. Catchwords: ANTI-DISCRIMINATION - application for interim order - termination of licence agreement to run a bistro at the Club -- serious question to be tried in relation to homosexuality discrimination - balance of convenience with applicant Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; (1986) 161 CLR 148 at [11]. Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57. Category: Interlocutory applications Parties: Carl Gary Trevanion (Applicant) Wyangala Country Club Ltd (Respondent) Representation: C Trevanion (Applicant in person) Garden & Montgomerie, Solicitors (Respondent) File Number(s): 121131

REASONS FOR DECISION

Introduction 1The Wyangala Country Club has terminated an agreement with Mr Trevanion to run its bistro because of complaints about the food. Mr Trevanion maintains that the real reason for the termination is his homosexuality. There is a serious question to be determined, that is the Club's liability for homosexuality discrimination. Mr Trevanion should be allowed to continue to run the bistro until his complaint is heard because the loss to him in the short term outweighs any loss or prejudice to the Club.