van Royden v The State of NSW (Transport for NSW) [2019] NSWCATAD 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: van Royden v The State of NSW (Transport for NSW) [2019] NSWCATAD 262 Hearing dates: 15 October 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Before: A Scahill, Senior Member Decision: (1) Leave for Mr van Royden to proceed with his complaint under section 96 of the ADA is refused (2) The application for leave is dismissed. Catchwords: ANTI-DISCRIMINATION – application for leave to proceed with complaint - complaint of disability discrimination in the provision of goods and services – whether fair or just to grant leave Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 Transport Administration Act 1988 Cases Cited: Carroll v Department of Family and Community Services [2015] NSWCATAD 82 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 Jones v Ekermawi [2009] NSWCCA 388 Waters v Public Transport Corporation (1991) 173 CLR 349 Texts Cited: None cited Category: Procedural and other rulings Parties: Rodney van Royden (Applicant) The State of NSW (Transport for NSW) (Respondent) Representation: Applicant (Self represented) Respondent (Self represented) File Number(s): 2019/00270885 Publication restriction: Nil

REASONS FOR DECISION 1. This is an application by Mr Rodney van Royden for leave for a complaint of disability discrimination in the provision of goods and services by the Respondent to go ahead. 2. The complaint was declined by the President of the Anti-Discrimination Board (ADB) by letter dated 13 August 2019. In those circumstances leave is required under s 96 of the Anti-Discrimination Act 1977 (NSW) for the applicant to proceed with his complaint in the Tribunal.