Mynott v Australian Capital Territory (Discrimination)

The applicant, Mr Mynott, filed a complaint against the Australian Capital Territory under the Anti-Discrimination Act 1977 (ACT), alleging he was subject to unfavourable treatment. The case was heard by the Civil and Administrative Tribunal of the Australian Capital Territory (ACAT). Mr Mynott's application was to strike out the respondent’s application pursuant to section 32 of the ACT Civil and Administrative Tribunal Act 2008.

The primary legal issues before the ACAT were whether the applicant had been subject to unfavourable treatment and if the respondent's application was frivolous or vexatious. The court had to determine if the applicant's case was arguable and whether the application was without merit. The ACAT needed to assess the substance of the applicant's claims and determine if they were frivolous or vexatious as per the provisions of the ACAT Act.

The ACAT found that Mr Mynott’s claims lacked substance and were not arguable. The tribunal concluded that the application was frivolous or vexatious, lacking any real prospect of success. Consequently, the ACAT dismissed the application pursuant to section 32(2)(b) of the ACT Civil and Administrative Tribunal Act 2008.

The tribunal’s order dismissed the application, finding it to be frivolous or vexatious and lacking in substance. The ACAT found that Mr Mynott had not demonstrated a reasonable prospect of success in his claims.