Davis v Anglican Community Services

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Davis v Anglican Community Services [2024] NSWCATAD 137

Hearing dates:

08 March 2024

Date of orders:

22 May 2024

Decision date:

22 May 2024

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

L Andelman, Senior Member
A Limbury, General Member

Decision:

The application is dismissed.

Catchwords:

HUMAN RIGHTS – discrimination – on ground of age – on the ground of disability – provision of accommodation – benefit associated with the accommodation.

Legislation Cited:

Anti-Discrimination Act 1977

Cases Cited:

Australian Iron & Steel Pty Ltd v Banovic [1989] HCA 56; 168 CLR 165

Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92

Waterhouse v Bell (1991) 25 NSWLR 99

Category:

Principal judgment

Parties:

Theresa Davis (Applicant)
Anglican Community Services t/as Anglicare (Respondent)

Representation:

Self-represented (Applicant)
Shohmelian Legal (Respondent)

File Number(s):

2022/00380043

Publication restriction:

N/A

REASONS FOR DECISION

The complaint

1. Ms Davis, the applicant has made a complaint that Anglican Community Services trading as Anglicare (“the respondent”) discriminated against her on the ground of age and or disability by failing to provide her with a car space in March 2022. The claim is made pursuant to ss 49N and 49ZYO of the Anti-Discrimination Act 1977 (NSW) (“the Act”). For the reasons that follow, Ms Davis’ application is dismissed.

Background

2. Ms Davis entered into a Tenancy Agreement with the respondent on 11 November 2021 to reside in premises located in Liverpool in Sydney. The Tenancy Agreement did not provide for onsite car parking within the building complex.

3. In March 2022, Ms Davis purchased a vehicle and commenced to park within the building complex without permission. She parked in other people’s car spaces, in the car washing bay and in other places in the building complex.

4. Sometime after purchasing the vehicle, Ms Davis applied for a car space with the respondent. She attached a medical certificate and a disability car parking notice with the application. The respondent acknowledged her application in writing. The letter stated that there were no current car parking places and that she was placed on a waiting list.

5. On numerous occasions in March, June and July 2022, the respondent issued Ms Davis with formal written notices advising her to refrain from parking her car inside the premises and that she was in breach of the Tenancy Agreement.

6. On 10 May 2022, Ms Davis was issued with a Notice of Termination for breach of the Tenancy Agreement. On 31 August 2022, orders were issued by this Tribunal terminating the Tenancy Agreement with 28 day notice.

7. On 30 September 2022, Ms Davis made an application to appeal against the Order and a stay of the Order was granted conditional on Ms Davis’ adherence to the Tenancy Agreement.

8. Ms Davis continued to park her car in a non-allocated car parking space contrary to the Tenancy Agreement and the Tribunal set the stay aside. The appeal did not proceed.

The conduct of the final hearing

9. On…