Grass v McIntosh

[2024] NSWCATAD 224

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Grass v McIntosh [2024] NSWCATAD 224

Hearing dates:

4 June 2024

Date of orders:

6 August 2024

Decision date:

06 August 2024

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

L Andelman, Senior Member

Decision:

(1)   The application for miscellaneous matters filed by the applicant on 13 February 2024 is dismissed.

Catchwords:

HUMAN RIGHTS — victimisation — whether respondents continued or repeated any conduct unlawful by Anti-Discrimination Act 1977 against the applicant — whether respondents failed to comply with orders by cancelling tennis court booking for social group — meaning of s 108(7) of the Anti-Discrimination Act 1977

Legislation Cited:

Anti-Discrimination Act 1977 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Cases Cited:

Burns v Corbett [2015] NSWCATAD 188

Burns v Sunol [2014] NSWCATAD 2

Burns v Sunol (No 2) [2014] NSWCATAD 44

Cohen v Harguos; Karelicki v Harguos (No 2) [2006] NSWADT 275

Commonwealth of Australia v Evans [2004] FCA 654; 81 ALD 402

Gardiner v Aquasun Pty Ltd (t/as Asher Coastwise Real Estate) (No 3) [2006] NSWADT 196

Grass v McIntosh, Leong and Auyeng [2023] NSWCATAD 258

Lamb v Campbell [2021] NSWCATAD 103

Malenha v Sullivan [2017] NSWCATAD 222

Margan v Mania [2014] NSWCATAP 16

Wojciechowska v Secretary, Department of Communities and Justice; Wojciechowska v Registrar, Civil and Administrative Tribunal [2023] NSWCA 191; 379 FLR 256

Texts Cited:

Non

Category:

Consequential orders

Parties:

John Grass (Applicant)
Leonard McIntosh (First Respondent)
Edi Leong (Second Respondent)

Representation:

Applicant (self-represented)
First Respondent (self-represented)
Second Respondent (self-represented)

File Number(s):

2022/00156371

Publication restriction:

Nil

REASONS FOR DECISION

1. On 13 February 2024, Mr Grass lodged an application for miscellaneous matters against Mr Leonard McIntosh and Mr Edi Leong. This application is in relation to the orders made on 11 October 2023 (“the Orders”) in Grass v McIntosh, Leong and Auyeng [2023] NSWCATAD 258 (“the Decision”).

2. The Orders subject to this application are as follows:

1 The first respondent and the second respondent is enjoined from continuing or repeating any conduct rendered unlawful by Anti-Discrimination Act 1977 against the applicant.

2 The first respondent is to provide a copy of this decision to the management of the tennis court within 14 days.

3 The first respondent is to place a copy of this decision next to the sign on sheet for the social group for two consecutive Tuesdays and Thursdays following receipt of this decision.

4 The application against the third respondent is dismissed.

3. The Orders were certified by the Registrar on 18 October 2023 under s 114 of the Anti-Discrimination Act 1977 (NSW) (“AD Act”).

4. The background to this claim can be found at Paragraphs 8 to 31 of the Decision and should be read alongside this decision. In summary, the Tribunal found that: Mr McIntosh and Mr Leong took active steps in excluding Mr Grass from the tennis social club at Meadowbank because he made allegations under this Act, [56] of the Decision.

5. In this application, Mr Grass seeks an…