| CITATION: | Mitchell v Kenmont Investments Pty Ltd [2013] QCAT 65 |
| PARTIES: | Ronald John Mitchell Jennifer Irene Mitchell (Applicant/Appellant) |
| v | |
| Kenmont Investments Pty Ltd (Respondent) |
| MATTER TYPE: | Anti-discrimination matters |
| HEARING DATE: | 14-15 June and 14 August 2012 |
| HEARD AT: | Brisbane |
| DECISION OF: | Michelle Howard, Member |
| DELIVERED ON: | 29 January 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The complaints of Ronald John Mitchell and Jennifer Irene Mitchell are dismissed. |
| CATCHWORDS: | ANTI-DISCRIMINATION – meaning of discrimination on basis of political activity or belief – where claims on basis of political basis or belief and association – whether activities and beliefs characterised as ‘political’ – where did not bear on government – where involved private relationship and negotiations between residents and park owner of manufactured home residential park PROCEDURE – where one complainant died after hearing but before decision Anti-Discrimination Act 1991, ss 7(g), 10 Browne v Dunn (1893) 6 R 67 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANTS: | Ms K Hartigan of Counsel instructed by Hall Payne Lawyers |
| RESPONDENT: | Mr J Dwyer of Counsel instructed by Hopgood & Ganim Lawyers |
REASONS FOR DECISION
Mr Mitchell and Mrs Mitchell made complaints to the Anti-Discrimination Commission Queensland which were subsequently referred to the Tribunal for hearing about certain conduct by representatives of Kenmont Investments Pty Ltd, the company which owned and operated the manufactured home park, Sapphire Gardens, in which they resided from 23 January 2007 until 22 September 2008. They also complained about actions taken on behalf of the Sapphire Gardens Bowls Club. That latter complaint was the subject of a confidential settlement prior to the hearing.
Mr Peter Puljich is a director of Kenmont. Mr Vlatko (Vlad) Puljich, Peter’s son, describes himself as the general manager of the family business. In all, the Puljich family through entities own and operate some 5 manufactured home parks.
The conduct complained about is the ‘banning’ by Kenmont of the Mitchells from the Sapphire Gardens grounds. The Mitchells had retained their membership of the Bowls Club after leaving Sapphire Gardens. On 27 January 2009, Kenmont advised the Bowls Club that it had resolved to ban the Mitchells from entering Sapphire Gardens grounds. In essence, the practical effect is that the Mitchells would no longer be able to bowl at Sapphire Gardens Bowls Club, which operated within the grounds of Sapphire Gardens on premises leased from Kenmont. However, the Mitchells continued to bowl at the Club for a time…
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- Case
- [2013] QCAT 65
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