Chen v Premier Motors Service Pty Ltd t/as Premier Illawarra [2017] NSWCATAD 342

Chen v Premier Motors Service Pty Ltd t/as Premier Illawarra [2017] NSWCATAD 342

Mr Chen failed to prove any differential or less favourable treatment by Premier Illawarra or its employees on the ground of his race. The actions taken (including objection to photography, responses to complaints) were based on his persistent attempts to photograph driver's ID cards and his ongoing complaints, not on his race. In the same circumstances, a person of a different race would have been treated in the same way. There was no evidence of causation linking the alleged conduct to Mr Chen's race.

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Complaint / Final Decision
Outcome
Complaint dismissed
Legal Topics
['race Discrimination' 'provision of Services' 'vicarious Liability' 'complaint Handling' 'direct Discrimination']
['human Rights' 'discrimination Law'] ['race Discrimination' 'provision of Services' 'vicarious Liability' 'complaint Handling' 'direct Discrimination']

Case Brief

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Procedural Posture

Complaint / Final Decision

Legal Issues

  1. 1 ['Whether Premier Illawarra or its employees discriminated against Mr Chen on the ground of race in the provision of bus and complaint handling services' 'Whether actions of employees (preventing photography, responses to complaints) amounted to direct race discrimination under the Anti-Discrimination Act 1977 (NSW)' "Whether Mr Chen's treatment was less favourable on the basis of his race"]

Ratio Decidendi

Mr Chen failed to prove any differential or less favourable treatment by Premier Illawarra or its employees on the ground of his race. The actions taken (including objection to photography, responses to complaints) were based on his persistent attempts to photograph driver's ID cards and his ongoing complaints, not on his race. In the same circumstances, a person of a different race would have been treated in the same way. There was no evidence of causation linking the alleged conduct to Mr Chen's race.

Court Disposition

Complaint dismissed

Orders

  • ['The complaint is dismissed.']