Asquith v Bluehills 7 26 15 Pty Ltd [2015] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Asquith v Bluehills 7 26 15 Pty Ltd [2015] NSWCATAD 73 Hearing dates: 24 March 2015 Decision date: 14 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy LCM, Deputy President Decision: The applicant's application for leave to proceed is refused. Catchwords: ANTI-DISCRIMNIATION – complaint of marital status discrimination declined by President of Anti-Discrimination Board as lacking in substance – whether fair and just for complaint to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Births Deaths and Marriages Registration Act 1995 (NSW) Cases Cited: Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262. Category: Principal judgment Parties: Emmeline Asquith (Applicant) Bluehills 7 26 15 Pty Ltd t/as Parkview Funeral Home (Respondent) Representation: Solicitors: E Asquith (Applicant in person) S + P Lawyers (Respondent) File Number(s): 1510134

Introduction 1. Ms Asquith seeks the Tribunal's permission for a complaint of marital or domestic status discrimination against Bluehills 7 26 15 Pty Ltd trading as Parkview Funeral Home to go ahead: Anti-Discrimination Act 1977 (NSW), s 96. The main basis of the complaint is the way the General Manager, Mr Guthrie, treated Ms Asquith when making funeral arrangements for her de facto partner and when providing information for the preparation of the Death Certificate. 2. The President of the Anti-Discrimination Board declined Ms Asquith's complaint as lacking in substance: Anti-Discrimination Act, 92(1)(a)(i). Ms Asquith is required to obtain leave from the Tribunal before the complaint can proceed. I have decided to refuse leave because it is not fair and just for the complaint to proceed in circumstances where it lacks substance.