Chatwin v Bodyline Spa and Sauna Pty Ltd [2020] NSWCATAD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chatwin v Bodyline Spa and Sauna Pty Ltd [2020] NSWCATAD 69 Hearing dates: 5 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: (1) Leave to proceed with the complaint under section 96 of the Anti-Discrimination Act 1977 is granted. Catchwords: EQUAL OPPORTUNITY — leave required for complaint to proceed — principles applying to grant of leave - disability discrimination – provision of services Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Wollongong City Council -v- Bonella & ors and Bonella & ors -v- Wollongong City Council (EOD) [2002] NSWADTAP 26 Texts Cited: None cited Category: Procedural and other rulings Parties: Murray Chatwin (Applicant) Bodyline Spa and Sauna Pty Ltd (Respondent) Representation: Solicitors: Colquhoun & Colquhoun (Respondent) Intellectual Disability Rights Service (Applicant) File Number(s): 2019/00392893 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The applicant in these proceedings seeks the leave of the Tribunal to proceed with his complaint under s 96 of the Anti-Discrimination Act 1977 (the AD Act). On 8 May 2019 the President of the Anti-Discrimination Board of NSW received a complaint under the AD Act from the applicant against the respondent, Bodyline Spa and Sauna Ltd. The applicant alleged that he was discriminated against on the basis of his disability in the provision of goods and services. 2. The President declined the complaint as lacking in substance under s 92 of the AD Act. On 25 November 2019 the applicant requested that the complaint be referred to this Tribunal under s 93A of the AD Act.