McEvoy v Acorn Stairlifts Pty Ltd [2017] NSWCATAD 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McEvoy v Acorn Stairlifts Pty Ltd [2017] NSWCATAD 273 Hearing dates: 30 May, 31 May 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member S Davison, Member Decision: 1.The complaint of unlawful discrimination on the ground of age is substantiated. 2. The complaint of unlawful discrimination on the ground of disability is substantiated. Within 28 days of this decision the respondent must pay to the applicant compensation in the sum of $31,420. Catchwords: HUMAN RIGHTS — discrimination —less favourable treatment — causation — assessment of less favourable where no actual comparator

DAMAGES — principles relating to assessment of damages for compensation for contravention of anti-discrimination act 1977 - assessment of damages for economic loss and non-economic loss

EVIDENCE — expert evidence-reliability of opinion on causation given by treating health practitioner Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Alexander v Home Office [1998] 1 WLR 968 Burns v Sunol [2017] NSWCATAD 215 Carter v Brown [2010] NSWADT 109 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Police, NSW Police v Mooney (No 3) (EOD)[2004] NSWADTAP 22 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Hall v Sheiban (1985) ALR 503 Henville v Walker [2001] HCA 52; (2001) 206 CLR 459 Idoport Pty Ltd v National Australia Bank Ltd [1999] NSWSC 828 Margan v Manias [2014] NSWCATAP 16 Martin v McKensey (No. 2) [2003] NSWADT 126 at Purvis v New South Wales [2003] HCA 62; (2003) 217 CLR 92 Smith v Department of Education and Communities [2013] NSWADT 162 Société d'Avances Commerciales (Société Anonyme Egyptienne) v Merchants' Marine Insurance Co (The "Palitana') (1924) 20 Ll L Rep 140 Texts Cited: Ian Freckleton & Hugh Selby, Expert Evidence: Law Practice and Procedure (Law Book Co, Sydney, first published 2002, 2013 ed) Category: Principal judgment Parties: Fentin McEvoy (applicant) Acorn Stairlifts Pty Ltd (respondent) Representation: Applicant (Self-represented)