CITATION: King v John McMahon Stock & Realty Pty Ltd [2005] NSWADT 260 DIVISION: Equal Opportunity Division PARTIES: APPLICANT
Tina King
RESPONDENT
John McMahon Stock & Realty Pty LtdFILE NUMBER: 041046 HEARING DATES: 16/08/2005-17/08/2005 SUBMISSIONS CLOSED: 08/17/2005 DATE OF DECISION:
11/17/2005BEFORE: Behrendt L - Judicial Member; Clayton S - Non Judicial Member; McDaniel M - Non Judicial Member APPLICATION: Race Discrimination - Accommodation MATTER FOR DECISION: Principal matter LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977CASES CITED: Bamblett v Keistow Pty Ltd trading as L J Hooker Cowra [2005] NSWADT 219
Chamberlain v The Queen (1984) 153 CLR 52
Dutt v Central Coast Area Health Service; Central Coast Area Health Service v Dutt [2003] NSWADTAP 3
Edwards v Bourke Bowling Club Limited [2000] NSWADT 31
Samuels Real Estate v Lamb (1996) EOC ¶92-790
Sheather v Daley [2003] NSWADT 51REPRESENTATION: APPLICANT
M McColl, Barrister
RESPONDENT
J Sewell, SolicitorORDERS: 1.That the Applicant’s claim that the respondent breached s. 20(1)(a) of the Anti-Discrimination Act 1977 be dismissed; 2.That the Respondent did breach s.20(1)(c) of the Anti-Discrimination Act 1977 as per the Applicant’s complaint; 3.That the Respondent pay to the Applicant $3000 by way of an award of compensation within 30 days of the publication of this judgement.
1 The applicant, Ms Tina King, is an Aboriginal woman from the Bundjalung community who resides in Casino. She had moved from Mt. Druitt to Casino after Christmas, 2001 with her de facto partner and four children aged between 9 and 14. She lived in the shed of her mother’s house as a temporary arrangement.
2 The respondent, John McMahon Stock& Realty Pty Ltd trades as J.M. Realty. Mr John McMahon is a Director and employee of John McMahon Stock and Realty Pty Ltd. Ms Anne Fathers and Ms Lyndal Naome (formally Ms Lyndal Dorrington) were employees of J.M. Realty during the period of 21 January 2002 to 15 February 2002. John McMahon Stock and Realty Pty Ltd is therefore vicariously liable for the acts of its employees, as per s.53 of the Anti-Discrimination Act 1977.
3 The respondents were originally named as J.M. Realty and John McMahon. The Tribunal made a direction on 16 August 2005, with the consent of the parties, that the correct respondent be named as John McMahon Stock and Realty Pty Ltd.
Ms King’s Complaint of discrimination of race in the provision of accommodation
4 Ms King claims that she approached J.M. Realty for rental accommodation on 21 January 2002. She spoke to Ms Lyn Dorrington (now Ms Lyn Naome) who advised that a number of properties were available for lease:
- 51 Hotham St. at $115 per week
9 Oak St. at $115 per week
31 Oak St. at $115 per week
41 Oak St. at $110 per week
1 Boronia Cres. at $120 per week
- Ms King was given an application form to complete.
5 On 30 January 2002, Ms King states that she completed the form and provided a reference to…
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- Case
- [2005] NSWADT 260
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether the Respondent had engaged in acts of racial discrimination and retaliation, both of which are prohibited under the Anti-Discrimination Act 1977. The Tribunal examined the evidence presented by both parties, including witness statements, documentary evidence, and the context of the interactions between King and the Respondent. The Tribunal also considered the relevant provisions of the Anti-Discrimination Act 1977, specifically sections 20(1)(a) and 20(1)(c), to ascertain whether these had been breached.
After considering all the evidence and arguments, the Tribunal found that the Respondent had not breached section 20(1)(a) of the Anti-Discrimination Act 1977, which pertains to discrimination based on race. However, the Tribunal did find that the Respondent had contravened section 20(1)(c) by retaliating against King for making a complaint about the discriminatory conduct. Consequently, the Tribunal ordered the Respondent to pay the Applicant $3000 as compensation for the breach of the Act. The Tribunal also directed that this payment be made within 30 days of the publication of the judgement.
Orders
Orders of the court
1.That the Applicant’s claim that the respondent breached s. 20(1)(a) of the Anti-Discrimination Act 1977 be dismissed; 2.That the Respondent did breach s.20(1)(c) of the Anti-Discrimination Act 1977 as per the Applicant’s complaint; 3.That the Respondent pay to the Applicant $3000 by way of an award of compensation within 30 days of the publication of this judgement.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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