Wilson -V- Budsoar Pty Limited [1998] NSWEOT

The complainant's entitlement to economic loss was determined by comparing her position if she had been dismissed in a non-discriminatory manner with her actual position; as deductions for mitigation and prior awards resulted in a negative figure, no economic loss was found to be compensable. No order as to costs was justified as no exceptional circumstances under s 114(2) were found.

Jurisdiction: Australia
Judgment Date: 30 March 1998
Procedural Posture: Equal Opportunity Complaint / Remitted to Tribunal for Assessment of Damages
Outcome: complainant's claim for economic loss dismissed; no order as to costs
Legal Topics: ['assessment of Damages' 'economic Loss' 'costs' 'racial Discrimination']

['anti Discrimination Law'] ['assessment of Damages' 'economic Loss' 'costs' 'racial Discrimination']

Case Brief

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Procedural Posture

Equal Opportunity Complaint / Remitted to Tribunal for Assessment of Damages

Legal Issues

1 ['What is the proper assessment of damages for economic loss consequent upon racial discrimination?' 'Is the complainant entitled to costs due to offers of compromise?']

Ratio Decidendi

Court Disposition

complainant's claim for economic loss dismissed; no order as to costs

Orders

['No order for economic loss damages pursuant to Anti-Discrimination Act 1977 s 113(1)(b)(i)' 'No order as to costs pursuant to s 114(2)']