Duggan v Belmont 16 Foot Sailing Club Ltd [2015] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Duggan v Belmont 16 Foot Sailing Club Ltd [2015] NSWCATAD 226 Hearing dates: 19 October 2015 Decision date: 28 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy Senior Member M O'Halloran General Member Decision: (1) The respondent's name is changed from "Belmont 16 Foot Sailing Club" to "Belmont 16 Foot Sailing Club Ltd." (2) The applicant's complaint is substantiated. (3) The respondent is enjoined from continuing or repeating the conduct of making and applying sailing competition rules in the Cherub class which preclude competitors over the age of 25, or the boat of competitors over the age of 25, from scoring points in the Club Championship series or the most fastest times trophy, and rules to the same or similar effect. Catchwords: ANTI-DISCRIMINATION – Age Discrimination – Claim of age discrimination by a registered club – Club competition rules precluded persons over 25 from scoring points towards a trophy - Denial of a benefit – Whether any advantage to applicant too amorphous or uncertain to constitute a benefit - Whether exception concerning participation in any sporting activity applied – Whether special needs exception applied – Whether purpose of competition rule was to afford members under the age of 25 access to facilities, services or opportunities to promote equal or improved access for them to facilities, services and opportunities. Legislation Cited: Anti-Discrimination Act 1977 (NSW) Anti-Discrimination Regulation 2014 (NSW) Anti-Discrimination Regulation 2009 (NSW) Cases Cited: Walker v Wakehurst Golf Club Ltd [2011] NSWADT 213 Gardiner v NSW WorkCover Authority [2003] NSWADT 184 Ellis v Mount Scopus Memorial College (1996) EOC 92-824 Sydney University Postgraduate Representative Association (SUPRA) v Minister for Transport Services [2006] NSWADT 83 Sunol v Burns [2015] NSWCATAP 207 Lawson v State of New South Wales (Housing NSW) [2012] NSWADT 127 Category: Principal judgment Parties: Michael Duggan (Applicant) Belmont 16 Foot Sailing Club Ltd (Respondent) Representation: Counsel: P Santone (Respondent)