Ghostgum Developments Pty Ltd ATF Coomera Development Trust

The case of Ghostgum Developments Pty Ltd, acting through the Coomera Development Trust, sought an exemption from the Anti-Discrimination Act 1991, which prohibits discrimination on the basis of age. The company planned to construct a manufactured home park where ownership would be restricted to those aged 50 and over. The Federal Circuit and Family Court of Australia was tasked with determining whether this age restriction was in the community interest and necessary to achieve the stated aims of the park.

The legal issues before the court revolved around whether the exemption application met the criteria under the Anti-Discrimination Act 1991. Specifically, the court had to assess if the proposed age restriction was necessary to achieve the aims of the manufactured home park and if it was in the community's interest. The court also considered whether the exemption would unfairly disadvantage any group of people and if there were less discriminatory means to achieve the same objectives.

The court found that the age restriction imposed by Ghostgum Developments did not meet the criteria for an exemption under the Anti-Discrimination Act 1991. It determined that the proposed restriction was not necessary to achieve the stated aims of the park and that it would unfairly discriminate against individuals based on age. The court held that the exemption was not in the community interest, as it would potentially exclude a significant portion of the population from owning property in the park without a justifiable reason. Consequently, the application for an exemption was dismissed.