Moxon v Westbus Pty Limited (EOD)

[2000] NSWADTAP 12

Appeal Panel

CITATION:	Moxon -v- Westbus Pty Limited (EOD) [2000] NSWADTAP 12
PARTIES:	APPELLANT John Moxon RESPONDENT Westbus Pty Limited
FILE NUMBER:	999027
HEARING DATES:	20/04/2000
SUBMISSIONS CLOSED:	04/20/2000
DATE OF DECISION:	07/25/2000
DECISION UNDER APPEAL:	Principal matter
BEFORE:	Hennessy N (Deputy President); Rice S - Judicial Member; Bullock S - Member
CATCHWORDS:	adequacy of reasons - no evidence - relevant/irrelevant considerations - statutory interpretation
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	981001
DATE OF DECISION UNDER APPEAL:	09/21/1999
LEGISLATION CITED:	Anti-Discrimination Act 1977
CASES CITED:	Francey & Meeuwissen v Hilton Hotels of Australia Pty Ltd (1977) EOC 92-903 Cooper v Human Rights & Equal Opportunity Commission [1999] FCA 180 Scott and Disabled Peoples International v Telstra Corporation Limited (1995) EOC Francey & Ors v Hilton Hotels of Australia Ltd [1997] HREOCA 56 Scott and Bernadette Finney v The Hills Grammar School [1999] HREOCA 14 Hills Grammar School v Human Rights and Equal Opportunity Commission [2000] FCA 65 Rees v Australian Agency for International Development [1999] HREOCA 12 Druett v State of New South Wales Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Sullivan v. Department of Transport (1978) 20 ALR 323 Pettitt v. Dunkley (1971) 1 NSWLR 376 The Queen v Toohey; Ex parte Meneling Station Pty Ltd (1982) 158 CLR Tobacco Institute of Australia Ltd & Ors v National Health & Medical Research Council & Ors (1996) 71 FCR Department of Defence v Jodette Margaret Fox [1997] 3 FCA Absolon v NSW TAFE [1999] NSWCA 311 Public Service Board of New South Wales v. Osmond (1985-1986) 159 CLR Soulemezis v. Dudley (Holdings) Pty. Limited (1987) 10 NSWLR 247 R. v. Associated Northern Collieries (1910) 11 CLR 738 Repatriation Commission v. O'Brien (1984-1985) 155 CLR Repatriation Commission v Norman Kenneth Boyle [1997] 1269 FCA Haswell v Department of School Education [1999] NSWSC 1271 Waters v Public Transport Corporation 1991 EOC
REPRESENTATION:	APPELLANT J Griffiths, barrister RESPONDENT C Ronalds, barrister
ORDERS:	1. The appeal is upheld ; 2. The decision of the Tribunal made on 21 September 1999, that Westbus has made out the defence of unjustifiable hardship under s 49M(2) of the Anti-Discrimination Act 1977, is set aside ; 3. This aspect of the case is remitted to be heard and decided again by the Tribunal as originally or similarly constituted ; 4. No order as to costs.

Introduction

1 This is an appeal by Mr Moxon from a decision of the Equal Opportunity Division of the Tribunal made on 21 September 1999. The Tribunal’s decision was that Mr Moxon’s complaint of disability discrimination against Westbus Pty Limited (Westbus) be dismissed.

History of the proceedings

2 On 5 April 1997 Mr Moxon, who is President of the Physical Disability Council of New South Wales, lodged a complaint with the Anti-Discrimination Board. Mr Moxon uses a wheel chair. He lives in Winston Hills where Westbus is the only supplier of public transport. His complaint relates to bus routes 600, 606 and 607. Mr…