French v Sydney Turf Club & Anor

This matter concerned an appeal to the Court of Appeal of New South Wales from a decision of a judge who had heard an appeal from the Equal Opportunity Tribunal. The appellant, Mr. French, had lodged complaints with the Tribunal alleging discrimination based on physical impairment or disability against the Sydney Turf Club. The Tribunal had dismissed these complaints.

The Court of Appeal was required to determine several legal issues. These included whether the Equal Opportunity Tribunal was a "specified tribunal" for the purposes of the *Supreme Court Act*, whether the matter at issue was of a value exceeding $100,000, thus requiring leave to appeal, and whether the Tribunal had been entitled to act on an agreement between the parties that one of the complaints could not be maintained, even if that agreement was legally flawed. Furthermore, the Court had to consider whether the Tribunal had applied the correct test under the *Anti-Discrimination Act* to the remaining complaint, given that its reasons were unclear and it was not apparent what approach had been taken or what necessary findings had been made.

By majority, the Court of Appeal found that the Tribunal was entitled to act on the parties' agreement regarding the one complaint. However, concerning the other complaint, the Court determined that the Tribunal's reasons were unclear and that it had failed to make the necessary findings to properly assess the complaint under the *Anti-Discrimination Act*. Consequently, the Court granted leave to appeal, allowed the appeal in relation to the complaint concerning disability discrimination in relation to the appellant's back and right leg, and set aside the dismissal of that complaint by both the judge and the Tribunal. The matter was remitted to the Tribunal to be dealt with according to law.