Trustees of Catholic Aged Care Sydney v Murphy [2017] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trustees of Catholic Aged Care Sydney v Murphy [2017] NSWCATCD 46 Hearing dates: 17 January 2017, 7 March 2017 Decision date: 16 June 2017 Jurisdiction: Consumer and Commercial Division Before: G.J. Sarginson, Senior Member Decision: 1. On or before 11 August 2017 the respondent is to remove the German Shepherd dog known as 'Rex' from his Unit in the retirement village of which he is a resident, and ensure that the dog is not kept in his Unit or brought onto common areas of the village, in compliance with Rule 5 of the village Rules Catchwords: Retirement Villages-Breach of village rules-Dog kept at village by resident-Whether dog is an "assistance animal" Legislation Cited: Civil and Administrative Tribunal Act 2013 ss 45, 81, Sch 4 Pt 6 Cl 12 Retirement Villages Act 1999 ss 47, 55, 122, 128 Disability Discrimination Act 1992 (C'th) ss 4, 5, 6 , 9, 11, 24, 25, 29A, 54A Australian Human Rights Commission Act 1986 (C'th) ss 46PE, 46PH, 46PO Anti-Discrimination Act 1977 s 49B Companion Animals Act 1998 ss 5, 59, 60, 72 Companion Animals Regulation 2008 Reg 18 Strata Schemes Management Act 1996 s 49 Strata Schemes Management Act 2015 s139 Cases Cited: Mulligan v Virgin Australia Pty Ltd [2015] FCAFC 130 Burns v Corbett [2017] NSWCA 3 Drexler v Owner's Corporation SP 56117 [2012] NSWCTTT338 Owners of Strata Plan 56117 v Drexler [2013] NSWDC 67 Forrest v Queensland Health (2007) FCA 936 State of Queensland v Forest [2008] FCAFC 96, (2008) 168 FCR 532 Toll (FCGT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52, 219 CLR 165 Ondrich v Kookaburra Park Eco-Village (2009) FMCA 260 Sacks v Hammoud [2016] NSWCATAP 225 Toll (FCGT) Pty Ltd v Alphapharm Pty Ltd Category: Principal judgment Parties: Trustees of Catholic Aged Care Sydney (applicant) John Murphy (respondent) Representation: Applicant: Mr G Forrester, Aged Care Co-ordinator Respondent: In person File Number(s): RV 16/42545 Publication restriction: Nil