Cawthorn v Citta Hobart Pty Ltd

The Full Court of the Supreme Court of Tasmania considered a dispute between Cawthorn, the applicant, and Citta Hobart Pty Ltd, the respondent, concerning alleged unlawful discrimination on the grounds of disability in relation to access to a building.

The central legal issue before the Court was whether the respondent's conduct constituted unlawful discrimination under the *Disability Discrimination Act 1992* (Cth) and, if so, whether the *Disability Discrimination Act* was inconsistent with any Tasmanian legislation, thereby rendering the Commonwealth Act inoperative under section 109 of the *Constitution*.

The Court analysed the provisions of the *Disability Discrimination Act* and relevant Tasmanian legislation, including the *Anti-Discrimination Act 1998* (Tas). The Court determined that the respondent's actions did not amount to unlawful discrimination under the Commonwealth Act. Consequently, the question of inconsistency under section 109 of the *Constitution* did not arise.

The appeal was dismissed.