Tupou v Scruffy Murphy's Pty Ltd & ors

CITATION:	Tupou v Scruffy Murphy's Pty Ltd & Ors [2007] NSWADT 192
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Sikani Benji Tupou FIRST RESPONDENT Scruffy Murphy's Pty Ltd SECOND RESPONDENT T & B Corporate Security Services Pty Ltd THIRD RESPONDENT Australian Venue Security Services Pty Ltd
FILE NUMBER:	061087
HEARING DATES:	2 and 4 May 2007
SUBMISSIONS CLOSED:	4 May 2007
DATE OF DECISION:	23 August 2007
BEFORE:	Britton A - Deputy President; Schembri A - Non Judicial Member; Hiffernan N - Non Judicial Member
CATCHWORDS:	Race Discrimination - Goods and Services
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Anti-Discrimination Act 1977 Civil Liability Act 2002 Liquor Act 1982
CASES CITED:	Alexander v Home Office [1998] 2 All En 118 Browne v Dunn (1893) 6 R 67 (House of Lords) Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232 Commissioner of Police, NSW Police v Mooney (No 3) (EOD) [2004] NSWADTAP 22 Dell v Dalton (1991) 23 NSWLR 528 Hall v Sheiban (1985) ALR 503 Moran v McMahon (1985) 3 NSWLR 700 James Hardie & Co Pty Limited v Arthur Austin Newton; State Rail Authority of NSW v Arthur Austin Newton (1997) 42 NSWLR 729 Nesci v TAFE Commission of NSW (No 2) [2005] NSWADT 183 Planet Fisheries Pty. Ltd. v. La Rosa (1968) 119 CLR 118 Shellharbour Golf Course v Wheeler [1999] NSWSC 224 Sutherland & ors v Van Kooten [2001] NSWADT 121 University of New South Wales v Moorhouse (1974-75) 133 CLR 1
REPRESENTATION:	APPLICANT D Hillard, solicitor FIRST RESPONDENT B Cross, barrister SECOND RESPONDENT T Brandisiou, agent THIRD RESPONDENT No appearance
ORDERS:	1.The complaint of discrimination on the ground of race is substantiated. ; 2. The First, Second and Third Respondents are to pay the Applicant within 21 days, the sum of $6000, for which they are jointly and severally liable.; 3. The Second Respondent is to pay the Applicant the sum of $2000, within 21 days for the aggravation of the Applicant’s injury.; 4. The Third Respondent is to pay the Applicant the sum of $1000, within 21 days for the aggravation of the Applicant’s injury.

1 Mr Sikani Tupou was born in Samoa and is in his early thirties. He claims that on two separate occasions in 2005 he was refused entry to Scruffy Murphy’s, a hotel on Goulburn Street, Sydney. He alleges that on both occasions he was told by security guards, ‘No Islanders allowed’. The Hotel admits that for a period it did implement a policy restricting the entry of Pacific Islanders but asserts it was not introduced until some time after the alleged incidents about which Mr Tupou complains.

2 T & B Security was responsible for security at the Hotel in August 2005 and concedes that Mr Tupou was refused entry but claims it was because he was intoxicated, not because of his race. T & B Security is the second respondent in these proceedings.

3 Mr Tupou and the Hotel were each legally represented in these proceedings. Mr Tibi…