Ivanovic v The Trustee for Chelsea Chatswood Unit Trust trading as The Chelsea Hotel [2018] NSWCATAD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ivanovic v The Trustee for Chelsea Chatswood Unit Trust trading as The Chelsea Hotel [2018] NSWCATAD 151 Hearing dates: 10 July 2018 Date of orders: 17 July 2018 Decision date: 17 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) Leave is refused for Mr Ivanovic's complaint to be the subject of proceedings before the Tribunal. Catchwords: ANTI-DISCRIMINATION – Leave for complaint to proceed – Whether fair and just for complaint of age discrimination to proceed Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Bacirongo v ACL Pty Ltd [2011] NSWADT 12 Jones v Ekermawi [2009] NSWCA 388 Pribicevic v State of New South Wales (Department of Family and Community Services) [2014] NSWCATAD 94 Category: Principal judgment Parties: David Ivanovic (Applicant) The Trustee for Chelsea Chatswood Unit Trust t/as The Chelsea Hotel (Respondent) Representation: Solicitors: In person (Applicant) Andrew Hoff, licensee (Respondent) File Number(s): 2018/00121958

REASONS FOR DECISION 1. Mr Ivanovic alleges that he was discriminated against on the ground of age in breach of the Anti-Discrimination Act 1977 (NSW) ("AD Act") by the respondent ("the Hotel Owner"). The Hotel Owner banned him from entering the Chelsea Hotel for twelve months after he punched another hotel patron. He claims that the Hotel Owner would not have done this if he were younger or that one of the reasons for this decision was his age. 2. The President of the Anti-Discrimination Board declined Mr Ivanovic's complaint as lacking in substance. Mr Ivanovic needs the Tribunal's permission before his complaint can proceed: AD Act, s 96. 3. The Tribunal may give Mr Ivanovic permission for his complaints to go ahead if it is fair and just to do so: Jones v Ekermawi [2009] NSWCA 388; AD Act, s 96(1). The onus is on Mr Ivanovic to satisfy the Tribunal that leave should be granted: Bacirongo v ACL Pty Ltd [2011] NSWADT 12 at [2]; Pribicevic v State of New South Wales (Department of Family and Community Services) [2014] NSWCATAD 94 at [3]. 4. I have decided not to give Mr Ivanovic permission for his complaint to go ahead because it is very unlikely that he would be able to substantiate it.