Lance Tyrrell v Coles Supermarkets Australia Pty Ltd [2020] NSWCATAD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lance Tyrrell v Coles Supermarkets Australia Pty Ltd [2020] NSWCATAD 57 Hearing dates: 20 January 2020 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: R. Dubler, Senior Member S. Davison, General Member Decision: (1) The application under the Anti-Discrimination Act 1977 (NSW) is dismissed. Catchwords: ANTI-DISCRIMINATION – indirect discrimination on the grounds of age and disability – ss 49A, 49B, 49C, 49M, 49ZYA and 49ZYN of the Anti-Discrimination Act 1977 (NSW) – whether or not there was the imposition of a requirement or condition with which a substantially higher proportion of persons who do not have a disability comply or are able to comply, being a requirement which is not reasonable having regard to the circumstances of the case — meaning of "condition or requirement" Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Australian Iron and Steel Pty Limited v Banovic [1989] HCA 56; (1989) 168 CLR 165 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Catholic Education Office v Clarke [2004] FCAFC 197; (2004) 138 FCR 121 Walker v State of Victoria [2011] FCA 258 at [194] State of New South Wales v Amery [2006] HCA 14; (2006) 230 CLR 174 Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 Allders International Pty v Anstee (1986) 5 NSWLR 47 at 55 Bonella & Ors v Wollongong City Council [2001] NSWADT 194 Hurst v State of Queensland [2006] FCAFC 100 Hurst and Devlin v Education Queensland [2005] FCA 405 Reddy v International Cargo Express [2005] NSWADT 3 Vines v Djordjevitch (1995) 91 CLR 512 Texts Cited: None Category: Principal judgment Parties: Lance Tyrrell (Applicant) Coles Supermarkets Australia Pty Ltd (Respondent) Representation: Applicant (Self Represented) Penny Rea (Respondent) File Number(s): 2019/00199930 Publication restriction: Nil