WILSON v BUDSOAR PTY LIMITED & ANOR [1999] NSWCA 228

WILSON v BUDSOAR PTY LIMITED & ANOR [1999] NSWCA 228

There was evidence before the Tribunal that the claimant's employment would have ended lawfully by June 1993 had the discriminatory conduct not occurred; therefore, no error of law occurred and the economic loss claim was properly limited.

Jurisdiction
Australia
Judgment Date
09 July 1999
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['race Discrimination' 'remedies' 'damages' 'economic Loss' 'employment Termination']
['discrimination' 'employment Law'] ['race Discrimination' 'remedies' 'damages' 'economic Loss' 'employment Termination']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the Tribunal erred in law regarding assessment of damages for economic loss after discriminatory dismissal' "Whether claimant's employment would have been lawfully terminated regardless of discrimination" "Whether Tribunal's finding regarding employment termination date was speculative or founded on evidence"]

Ratio Decidendi

There was evidence before the Tribunal that the claimant's employment would have ended lawfully by June 1993 had the discriminatory conduct not occurred; therefore, no error of law occurred and the economic loss claim was properly limited.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['The time for filing the summons for leave to appeal is extended up to and including the day upon which the summons was filed' 'The application for leave to appeal is dismissed with costs']