An v Nichigo Press Pty Ltd [2005] NSWADT 164

An v Nichigo Press Pty Ltd [2005] NSWADT 164

The applicant has put forward an arguable case which, if proven, could give rise to an inference that race was a reason for refusing to provide services, so leave to proceed with the complaint was granted.

Jurisdiction
Australia
Judgment Date
15 July 2005
Procedural Posture
Application for Leave to Proceed / Preliminary Matter
Outcome
Leave granted; case conference scheduled
Legal Topics
['race Discrimination' 'provision of Services' 'leave to Proceed']
['equal Opportunity'] ['race Discrimination' 'provision of Services' 'leave to Proceed']

Case Brief

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Procedural Posture

Application for Leave to Proceed / Preliminary Matter

Legal Issues

  1. 1 ['Whether the applicant has an arguable case of race discrimination under the Anti-Discrimination Act 1977' 'Whether leave should be granted to proceed with the complaint']

Ratio Decidendi

The applicant has put forward an arguable case which, if proven, could give rise to an inference that race was a reason for refusing to provide services, so leave to proceed with the complaint was granted.

Court Disposition

Leave granted; case conference scheduled

Orders

  • ['Leave is granted for the complaint to be the subject of proceedings.' 'The matter is listed for a case conference on 24 August 2005 at 9:15am.']