Quimbee logo
DMCA.com Protection Status

Christian Youth Camps LTD v. Cobaw Community Health Services LTD

308 A.L.R. 615 (2014)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Christian Youth Camps LTD v. Cobaw Community Health Services LTD

Victoria Supreme Court

308 A.L.R. 615 (2014)

Facts

The Equal Opportunity Act 1995 of the state of Victoria, Australia guarantees freedom from discrimination and freedom of religion as fundamental rights. Christian Youth Camps LTD (CYC) (defendant), a corporation organized to conduct camping and adventure activities, owned a camping resort managed by Mark Rowe (defendant). Cobaw Community Health Services LTD (Cobaw) (plaintiff) sought to rent the resort for an event to raise awareness of the challenges faced by homosexual young people. CYC and Rowe opposed homosexuality based on Christian teachings and therefore refused to rent the resort to Cobaw. Cobaw, therefore, filed suit before the Victorian Civil and Administrative Tribunal (the tribunal) for discrimination pursuant to the act. CYC argued that, even if its refusal to rent to Cobaw constituted unlawful discrimination, CYC was exempted by §§ 75 or 77 of the act. Section 75 provided that a body established for religious purposes could discriminate if necessary for its religion. Section 77 provided that a person could discriminate if necessary for the person’s genuine religious beliefs. Cobaw argued that CYC was not a person within the meaning of § 77 and therefore that § 77 was not applicable to CYC. The tribunal held that CYC had unlawfully discriminated against the individuals who planned to attend Cobaw’s event at the resort on the basis of their sexual orientation and that neither exemption was available to CYC under the facts. However, the tribunal held that CYC was a person for purposes of § 77 and therefore could have applied the exemption in § 77 under different facts. CYC appealed, and the Victoria Supreme Court accepted supplementary briefing to resolve whether corporations were considered people within the meaning of § 77.

Rule of Law

Issue

Holding and Reasoning (Maxwell, J.)

Concurrence (Neave, J.)

Dissent (Redlich, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership