Li & Anor -v- Westbus Pty Ltd & Anor [2002] NSWADT 260

Li & Anor -v- Westbus Pty Ltd & Anor [2002] NSWADT 260

Taking the Applicants' evidence at its highest, the Tribunal found it was open to infer that, in addition to a dispute over the correct fare, Mr Wang's race was an operative ground of Mr Hill's conduct on 13 June 2000. The 13 June incident could not be treated as entirely separate from the 5 June incident because Mr Hill recognised Mr Wang from the earlier incident and the earlier incident was capable of showing racially discriminatory attitudes. Therefore the challenged part of the complaint was not shown to be misconceived or lacking in substance.

Jurisdiction
Australia
Judgment Date
11 December 2002
Procedural Posture
Complaint Alleging Unlawful Race Discrimination in the Provision of Bus Services / Preliminary Application Under S 111(1) of the Anti Discrimination Act 1977 to Dismiss Part of the Complaint as Frivolous, Vexatious, Misconceived or Lacking in Substance
Outcome
The Respondents' preliminary application under s 111(1) was dismissed.
Legal Topics
['race Discrimination' 'provision of Goods or Services' 'summary Dismissal of Complaint' 'inference of Discriminatory Ground' 'vicarious Liability']
['anti Discrimination Law' 'administrative Law'] ['race Discrimination' 'provision of Goods or Services' 'summary Dismissal of Complaint' 'inference of Discriminatory Ground' 'vicarious Liability']

Case Brief

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Procedural Posture

Complaint Alleging Unlawful Race Discrimination in the Provision of Bus Services / Preliminary Application Under S 111(1) of the Anti Discrimination Act 1977 to Dismiss Part of the Complaint as Frivolous, Vexatious, Misconceived or Lacking in Substance

Legal Issues

  1. 1 ["Whether the part of Mr Wang's complaint alleging unlawful race discrimination on 13 June 2000 should be dismissed under s 111(1) of the Anti-Discrimination Act 1977 as misconceived or lacking in substance." "Whether, taking the Applicants' evidence at its highest, it was open to infer that an operative ground of Mr Hill's conduct on 13 June 2000 was Mr Wang's race." 'Whether the alleged conduct on 13 June 2000 was capable of amounting to a contravention of s 19 of the Anti-Discrimination Act 1977.']

Ratio Decidendi

Taking the Applicants' evidence at its highest, the Tribunal found it was open to infer that, in addition to a dispute over the correct fare, Mr Wang's race was an operative ground of Mr Hill's conduct on 13 June 2000. The 13 June incident could not be treated as entirely separate from the 5 June incident because Mr Hill recognised Mr Wang from the earlier incident and the earlier incident was capable of showing racially discriminatory attitudes. Therefore the challenged part of the complaint was not shown to be misconceived or lacking in substance.

Court Disposition

The Respondents' preliminary application under s 111(1) was dismissed.

Orders

  • ['The application is dismissed.' 'The application under s 111(1) is dismissed.']