Masters v Reserve Hotels Pty Ltd atf the NBF Trust [2020] NSWCATAD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Masters v Reserve Hotels Pty Ltd atf the NBF Trust [2020] NSWCATAD 115 Hearing dates: 26 and 27 February 2020 Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr R Dubler SC, Senior Member Dr M Murray, General Member Decision: (1) The complaint of racial discrimination under s.19 of the Anti-Discrimination Act 1977 (NSW) against the Respondents is substantiated. (2) The Respondents are jointly and severally ordered to pay the Applicants damages in the amount of $7,500 each. (3) The Applicants are to file within 14 days hereof submissions in respect of any ancillary orders the Tribunal should make under s.108(2) of the Anti-Discrimination Act 1977 (NSW) and in respect of costs. (4) The Respondents are to file any submissions in response within 14 days of receipt of the Applicants' submissions. (5) The Applicants are to file any submissions in reply within 14 days of receipt of the Respondents' submissions. (6) Any such submissions are to include submissions as to whether or not the Tribunal should dispense with a hearing on the remaining issues pursuant to s.50(3) of the Civil and Administrative Tribunal Act 2003 (NSW). Catchwords: ANTI-DISCRIMINATION – direct discrimination on the grounds of race in contravention of s.19(a) of the Anti-Discrimination Act 1977 (NSW) – refusal to provide access into and hence service at the hotel premises on the basis that the Applicants were not "Asian" – refusal to provide access by security guard – whether the acts of the security guard were as agent for the Respondents, being the security company and the owners of the licensed premises – whether the Respondents have made out the defences under s.53(1) and (2) of the Anti-Discrimination Act 1977 (NSW) Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Chen v Premier Motor Service Pty Ltd t/as Premier Illawarra [2017] NSWCATAD 342 Commercial Union Insurance Company of Australia Limited v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Commissioner of Corrective Services v Aldridge (EOD) [2000] NSWADTAP 5 Cook v Scruffy Murphy's Pty Ltd [2007] NSWADT 129 Dadyal v AVS Australian Venue Security Services Pty Ltd [2008] NSWADT 110 Dell v Dalton (1991) 23 NSWLR 528 Hall v Sheiban (1985) ALR 503 IW v City of Perth (1997) 71 ALJR 943 Jones v Dunkel (1959) 101 CLR 298 Purvis v New South Wales (2003) 217 CLR 92 Shellharbour Golf Course v Wheeler (1999) 46 NSWLR 253; [1999] NSWSC 244 Tupou v Scruffy Murphy's Pty Ltd [2007] NSWADT 192 University of New South Wales v Moorhouse (1974-75) 133 CLR 1 Texts Cited: Cross on Evidence, 11th Ed (2017), JD Heydon Category: Principal judgment Parties: Luke Masters (First Applicant) Wayne Clothier (Second Applicant Reserve Hotels Pty Ltd atf NBF Trust (First Respondent) SSC Security Pty Ltd (Second Respondent) Representation: Counsel: M Seymour, (Applicants) J Klarica, (Respondents)