Grass v McIntosh, Leong and Auyeng

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

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

Hearing dates:

21 August 2023

Date of orders:

11 October 2023

Decision date:

11 October 2023

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

L Andelman, Senior Member
S Davison, General Member

Decision:

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.

Catchwords:

HUMAN RIGHTS – victimisation – whether applicant was subjected to detriment on the ground that the applicant made allegations – s50(1)(c) of the Anti-Discrimination Act 1977 (NSW)

Legislation Cited:

Anti-Discrimination Act 1977

Civil and Administrative Tribunal Rules 2014

Cases Cited:

Chi v Technical and Further Education Commission [2012] NSWCA 421

Finch v Heat Group Pty Ltd [2010] VSCA 256

Grass v Voyager Tennis Pty Ltd, McIntosh, Leong and Auyeng [2023] NSWCATAD 68

Grass v Voyager Tennis Pty Ltd & Ors [2023] NSWCATAP 168

Hautlieu Pty Ltd t/a Russell Pathology v McIntosh [2000] WASCA 146

James v NSW Department of Communities and Justice [2022] NSWCATAD 280

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

Najmitdinov v Woolworths Group Ltd [2019] NSWCATAD 51

Nicholls v Director-General, Department of Education and Training (No 2) [2009] NSWADTAP

Texts Cited:

Nil

Category:

Principal judgment

Parties:

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

Representation:

John Grass (self-represented)
Leonard McIntosh (self-represented)
Edi Leong (self-represented)
Terry Auyeng (no appearance)

File Number(s):

2022/00156371

Publication restriction:

Nil

REASONS FOR DECISION

1. Mr Grass lodged a complaint of victimisation against Voyager Tennis Pty Ltd (Voyager), Mr Leonard McIntosh, Mr Edi Leong and Mr Terry Auyeng regarding events that occurred between 1 November 2021 and 4 January 2022 (the complaint period). Events prior to that date were not accepted for investigation by the Anti-Discrimination Board NSW because they occurred more than 12 months before the lodgement of the complaint.

2. In summary, Mr Grass alleged that he is a long standing member of an unincorporated tennis club or group largely comprised of retired persons who have, over the last 50 years, hired tennis courts to play socially twice a week (the social group) and that he had been playing tennis with the social group for over 25 years.

3. In late 2019, and again when the tennis courts re-opened following Covid restrictions in September/October 2021, he made numerous written complaints that some members of the social group were excluding older and less able members of the social group from playing tennis. His complaint to this Tribunal is that as…