A woman has won a legal bid in the Federal Court against an interstate bus company. Source: AAP
A WOMAN has won her legal bid against an interstate bus company, with a court finding it discriminated against her by not having wheelchair access on any of their fleet.
Julia Haraksin took Murrays Australia Limited to court after it refused to take her from Sydney to Canberra in August 2009.
At the time, Murrays - a top-end bus and coach service - had no wheelchair accessible coaches in its fleet.
Ms Haraksin claimed Murrays contravened the federal Disability Discrimination Act and the Discrimination Standards for Accessible Public Transport.
In a judgment handed down on Thursday, judge John Nicholas found the company had directly discriminated against Ms Haraksin by failing to make the "reasonable adjustment" of deploying vehicles equipped with wheelchair access.
"As a result of that failure the applicant was treated less favourably than other people would have been treated had they sought to travel between Sydney and Canberra," Justice Nicholas said.
"In these circumstances, I am satisfied that the respondent discriminated against the applicant."
Murrays, which defended the action, argued in a hearing in 2011 that it was relying on a defence of "unjustifiable hardship", saying it would cost a total of $23 million to convert all of its 154 coaches.
But Justice Nicholas said that there was no evidence before him that changing the fleet would have imposed an unjustifiable hardship.
Speaking outside the court, Ms Haraksin said the win proved that people with a disability can "take on a big bus company for doing the wrong thing ... and be successful".
Murrays general manager Damian Lee said since 2009 the company had taken steps to ensure it was compliant with the Disability Discrimination Act and the standards.
"Our company in recent times has gone to great lengths and incurred significant expense to accommodate persons with disability," Mr Lee said in a statement.
Justice Nicholas said both parties have seven days to make submissions on costs.