Krysiak v Public Transport Authority of Western Australia

In the Supreme Court of Western Australia, Justice Lucev considered an application by Mr Krysiak for an interim injunction against the Public Transport Authority of Western Australia. Mr Krysiak sought to restrain the Authority from terminating the number 14 bus route, alleging that this action constituted disability discrimination.

The central legal issue before the Court was whether Mr Krysiak had established a sufficient basis for the grant of an interim injunction. This required the Court to assess whether he had demonstrated a strong prima facie case of disability discrimination, that he would suffer irreparable harm if the injunction were not granted, and that the balance of convenience favoured the grant of the injunction.

Justice Lucev found that Mr Krysiak had not established a strong prima facie case of disability discrimination. The Court reasoned that the decision to terminate the bus route was a policy decision made by the Authority, and there was no evidence to suggest that this decision was motivated by or had the effect of discriminating against persons with disabilities. The Court also considered the balance of convenience and concluded that the public interest in allowing the Authority to implement its service changes outweighed the potential harm to Mr Krysiak.

Consequently, the application for an interim injunction was dismissed.